General terms and conditions

LIVESTOCKER WEBSHOP

Scope of the General Terms and Conditions (GTC)
1. The purpose of the Livestocker software is to record events and production data as well as human resource information at livestock farms, as well as to provide on-site visibility of key information about animals. The application also works offline, after recording the data, all recorded events, orders and data can be synchronized at once with the Livestocker online software. Accordingly, data can already be recorded at source, in order to speed up processes. The application can be run on web (browser) as well as Android and iOS platforms.
2. The material scope of these GTC covers the Contracts provided by the Service Provider to be concluded through the Webshop specified in these GTC in respect of the Service specified in these GTC. The personal scope of the GTC extends to the Service Provider and the Customer.
3. The Customer is obliged to act in accordance with these GTC when concluding the contract in connection with Livestocker, all related legal declarations and (unless otherwise agreed in writing or otherwise agreed between the Parties), and, in doing so, require regarding its employees, senior executives, company directors and / or contributors. to comply with the provisions specified in these GTC. The Customer is responsible for the conduct of these persons, as well as for non-compliance or violation of the provisions of these GTC.
4. These GTC will be applied in all contractual relations which is related to the provision of the Service performed by the Service Provider in accordance with these GTC, if it is concluded through the Webshop defined below. The GTC forms a close and inseparable part of the Contract concluded in any form between the Service Provider and the Customer, if the Customer knows and accepts what is described in the GTC.
5. The GTC is valid from the date of publication for an indefinite period or until revoked.
6. The Service Provider undertakes to publish the content of these GTC in the premises of its customer service office and on the Service Provider's Website, or it can be downloaded from the Service Provider's Website, and the Customer may request a copy.
7. The Webshop and these GTC only apply to companies according to the Civil Code, that is to say, it is established for the purpose of concluding contracts with persons pursuing a trade, business or profession, (including, inter alia, sole proprietors and primary producers engaged in the activity concerned, it is not created through the Webshop with a person who does not qualify as an enterprise (thus especially a consumer) - in the absence of the Service Provider's contractual declaration of intent. The Service Provider requests persons who do not qualify as an enterprise to indicate their intention to enter into a contract to the Service Provider through other contact details provided on the Website or in these GTC.
Definitions

The terms used in capital letters in point 2 of these GTC have the meaning set out in these GTC.

1. General Terms and Conditions (“GTC”): means these general terms and conditions, in which the rights and obligations arising between the contracting parties during the provision of the named Service are regulated.
2. Implementation Support: means for Livestocker, the provision of remote assistance (in particular by telephone, e-mail or other electronic means, and assistance using the e-learning interface enabling distance learning specified by the Service Provider) IT support during installation and Implementation.
3. Package: a group of the Service, modules, functions and rights of the Livestocker (software) defined in the Webshop, in respect of which the Customer may enter into the Contract with the Service Provider.The Customer is entitled to choose among the Packages specified in the Webshop, which may also differ in terms of the length of the Usage Period. A contract with a composition and / or content different from the conditions specified in the Packages may not be concluded via the Webshop. The contents of the Packages correspond to the content published at all times under the https://en.livestocker.eu/configurations and https://livestockerpoultry.com/en/configurations urls.
4. Fee: the consideration to be paid by the Customer for the provision of the Service by the Service Provider in the given Use Period. The amount of the Fee for each Use Period and each module / version of Livestocker will be published on the Webshop, which the Service Provider is entitled to unilaterally and at its discretion review and amend from time to time. Modification of the Fee does not affect the amount of consideration for the Use Period covered by the Fee already paid.
5. Party / Parties: Service Provider and Customer separately or jointly.
6. Usage License: means the right of use granted by the Service Provider to the Customer in relation to the Livestocker software (and any related intellectual property made available by the Service Provider together with the software), the limits of which are contained in these GTC (especially the provisions contained in clause 4 thereof).
7. Period of Use: the period chosen by the Customer and confirmed by the Service Provider on the Webshop, during which the Service Provider provides the Services to the Customer.
8. User Account: with the help of a user account, the Customer, as a user, can authenticate him/herself to the Service Provider, and obtain an authorization (permission) to access them, and have the opportunity to enter into the Contract and make other legal declarations. When logging in to the account, the Customer must authenticate him/herself with a password or in any other way permitted on the Website and / or the Livestocker application, by providing other credentials.
9. Update: Additional modified software versions and developments that correct and eliminate certain faults and deficiencies of the Livestocker software operated and developed by the Service Provider, which may modify or supplement the functionality of Livestocker.
10. Fault: a malfunction that restricts, impedes or makes impossible the proper operation of the Livestocker, and other issues that adversely affect the user experience (i.e., the speed, uniform display, and reliable, consistent operation of Livestocker under the circumstances).
11. Website: The websites available at https://livestockerpoultry.com and the https://livestocker.eu url together, including all their directories and subdomains.
12. Booked delivery: the legal declaration made and received in writing, which is provided by the addressee at least in an e-mail acknowledging receipt of the communication or by registered mail with acknowledgment of receipt, by courier or by personal delivery recording the date and fact of delivery. The date of receipt shall be deemed to be the date of receipt certified by the signature of the person authorized to receive the postal items in the case of delivery by personal or courier, in the case of postal delivery, the date indicated on the return receipt or the date on which delivery was attempted, if the consignee has refused to accept it, while in the case of two unsuccessful deliveries (the item was returned to the sender with the indications “not sought”, “unknown addressee”, “address insufficient” or “moved”), the fifth working day following the day on which the second postal delivery was attempted. The Service Provider is entitled to accept the legal declaration addressed to it other than as specified in this section as to produce legal effects such as if they had been made as a Booked Consignment.
13. LiveStocker : means the current version of the software referred to in point 1.1 above distributed and / or communicated to the public by the Service Provider, including in particular all software, applications, documentation and databases that are part of it . Livestocker consists of modules meeting the needs of different livestock and breeding farms, for which in accordance with the content of the package selected by the Customer, the Use License may be obtained separately.
14. Appropriate System: A combination of hardware and software that meets the published requirements for Livestocker in terms of machine requirements and compatibility. The Service Provider is entitled to unilaterally modify the criteria of the Appropriate System, having regard to certain Updates, changes in technology and the hardware and software environment, to introduce new versions, functions, modules, or if it deems it necessary in its reasonable discretion.
15. Customer: a person with a User Account in accordance with point 1.8 above, who initiates the conclusion of a Contract with the Service Provider via the Webshop.
16. Working hours: On weekdays from 8.00 am to 4.00 pm CET.
17. Working day: weekdays from Monday to Friday are considered working days, with the exception of public holidays pursuant to Section 102 of Act I of 2012 on the Labor Code, issued by the Minister for Sector for the year in question, also taking into account the provisions of its regulation laying down the rules of procedure around public holidays.
18. Civil Code: means Act V of 2013 on the Civil Code.
19. Availability: means the period of Working Time when the Service Provider undertakes to provide Support, receives and fulfills the questions and requests of the Customer.
20. Support: means for Livestocker, remote assistance (in particular by telephone, e-mail or other electronic message) provided

IT support during installation and Implementation,
operational support, advice as necessary for proper operation; and
correction of failures during use, to develop and make available Updates at the discretion of the Service Provider.
1. Invoice: any document issued by the Service Provider suitable for tax administration identification on paper or electronically, which is at least in accordance with Act CXXVII of 2007 on Value Added Tax, contains the provisions of Section 169 of the Act.
2. Contract: means the contract concluded via the Webshop between the Customer and the Service Provider with the content according to these GTC and indicated by the Customer on the Webshop and confirmed by the Service Provider by e-mail.
3. AC : means Act LXXVI of 1999 on Copyright
4. Service: means

Granting a License for Use,
The Livestocker application, and the availability of current services available through it; and
Support,

as a service provided by the Service Provider to the Customer.

1. Service provider: AnimalSoft Limited Liability Company (tax number: 25120442-2-41; company registration number: 01-09-200958; registered office: 1013 Budapest, Pauler utca 6; electronic mail address: info@animalsoft.hu. The Service Provider is registered by the Registry Court of the Metropolitan Court (Hungary). Storage space for the Service Provider is provided at all times by the hosting service provider indicated in the Service Provider's valid data management information (whose data is indicated there).
2. Support: means Implementation Support and Support together.
3. Force Majeure Event: means an event caused by unforeseen forces of natural or other origin, so especially, but not exclusively

radioactive radiation, radiation contamination;
war or other conflict, occupation, hostilities, mobilization, requisition or embargo;
uprisings, revolutions, riots, military or other coups, civil wars and acts of terrorism;
riots, disturbances, riots;
natural disasters, floods, earthquakes, hurricanes;
epidemic, quarantine, curfew, economic crisis, labor shortage,

the occurrence of which, on the one hand, is unpredictable, on the other hand, intervention by a Party is limited to prevent, avoid or shut out.

1. Webshop: the interface available on the subdomain of the Website under the URL https://clientarea.livestocker.eu (with the contents of the Packages https://en.livestocker.eu/configurations https://en.livestocker.eu/configurations and https: //livestockerpoultry.com/en/configurations is always published), by means of which the Customer and the Service Provider enter into the Contract with respect to Livestocker under the conditions set forth in these GTC.
2. User Account
3. The purpose of the User Account is to identify the Customer in relation to the legal declarations made by the Customer in connection with the Contract. Accordingly, the conclusion, amendment and termination of the Contract by the Customer, and other means of authentication during the making of legal declarations related to the Contract, the User Account, which the Customer accepts as appropriate and sufficiently safe.
4. To log in to Livestocker, perform user actions in connection with Livestocker, upload data, log in from several different devices to access the data entered in Livestocker, and the Customer is entitled to use the other functions of Livestocker with different login data related to the User Account. After providing the login data according to this point, the rights according to the User License can be exercised, only during the Period of Use. Accordingly, the purpose of the login data according to this section is to restrict the exercise of the right of use (the License of Use) of the Customer to the Customer, and the data and information provided or made available by the Customer during the use of Livestocker, and restricting access to the data and information created in Livestocker to the Customer using them.
5. The condition for concluding the Contract and using the Service is that the Customer on the Website - by providing the information marked as mandatory there, by accepting these GTC - creates a User Account. In order to create a User Account, the Customer is obliged to provide his/her electronic contact (e-mail address) in all cases. An electronic contact (email address) can have a User Account. The Service Provider is entitled to make the provision of additional data necessary for the execution of the payment and the making of certain other legal declarations in a given situation a condition.
6. After registration, the Customer will receive an e-mail from the Service Provider to the specified electronic contact and can confirm by clicking on the link that it has provided its own electronic contact details, and it can activate its User Account. If for any reason the Customer does not receive a confirmation electronic message within 24 hours, the Customer is obliged to notify the Service Provider.
7. The Customer is responsible for providing his / her own, working, valid electronic contact information and maintaining the electronic contact information provided during registration during the use of the Service.
8. The Customer is obliged to protect the confidentiality of his / her username and password at all times and not to make it available to third parties. The customer must take all possible steps to keep its username and password secure and, to prevent fraudulent use of its User Account. In view of the fact that the Service Provider identifies the Customer through the User Account, the Customer acknowledges that if a third party logs in to the User Account in the intended manner (in particular, knowing the username and password or giving the appearance of it), the Service Provider has no way to distinguish this person from the Customer.
9. If there is a change in the Customer's data, The Customer is obliged to inform the Service Provider of the scope of the data affected by the change, and notify the Service Provider of the new, valid data within 5 (five) calendar days from the change.
Using Livestocker
1. The Service Provider grants the Customer permission for Livestocker to use the computer programs created by the Customer in the Webshop without geographical restriction (Use Permit), which non - transferable and non - sublicensable, and the right of re-make does not extend in any way. The User License in the Webshop is selected by the Customer and confirmed by the Service Provider, belongs to the Customer for a period specified in calendar days or months (Period of Use), if the Customer has paid the Fee to the Service Provider for a given Use Period. The License for Use is limited to the method and extent of use strictly necessary for the use of the functions expressly communicated by the Livestocker Service Provider, in particular for installation on an unlimited number of devices, to run on these devices (or browser), to use the software as intended.
2. The License for Use expressly covers only the use in the Appropriate System, in particular its installation and operation, and does not entitle the Customer to other, use with hardware and / or software that does not meet the system requirements or is not otherwise accepted as compatible.
3. The Fee fully includes the consideration to be paid to the Service Provider for the Use License.
4. The Service Provider is the owner of the Livestocker software and as part of it, in connection with or otherwise during the provision of the Service handed over to the Customer, or intellectual works otherwise made known to him/her, in respect of which the Service Provider reserves all rights. No provision of the Contract may be interpreted as on the basis of which the Service Provider would transfer the right to any intellectual work, trade secret or know-how, or grant an exclusive right to use, use or utilize in respect thereof. All rights regarding Livestocker in particular, of all software made available during the preparation and implementation of the Contract (and possibly related copyright works, copyrighted databases), the rights arising from the documentation and all other intellectual creations and know-how belong exclusively to the Service Provider, even in the case, if Livestocker, based on the Customer's request and in cooperation, or even under its direct control and / or plans will be customized and developed.
5. Unless otherwise stated, the Service Provider warrants that the Livestocker software and other related intellectual works provided to the Customer do not have the right of third parties to which would impede, restrict or impede the exercise of the Customer's right of use under the License.
6. The Customer is not entitled to examine, decrypt, translate, duplicate, distribute or modify the Livestocker or any other software or database belonging to the Service Provider, neither to transfer nor to transfer its use. The Parties agree that the source code, object code and / or developer documentation (and / or the rights arising therefrom) of Livestocker shall not be acquired by the Customer under the Contract, it is not entitled to know them under any circumstances. It is forbidden to manipulate or copy the information technology of Livestocker by decryption, reverse engineering or otherwise. Violation of this prohibition constitutes a serious breach of contract and the obligation to compensate for the full damage resulting from it rests with the Customer.
7. Customer acknowledges that the Service Provider exclusively exercises the rights in connection with Livestocker in connection with reproduction, reworking, processing, translation or any modification of Livestocker, including the correction of the faults, regardless of the circumstances. If the Customer notices a fault, he / she may indicate it to the Service Provider, who acts in accordance with the provisions of the Contract or other Contract concluded or to be concluded between the Parties.
8. Customer acknowledges that it is not entitled to the activities set forth in Section 60 of the Copyright Act for the purpose of obtaining information necessary for cooperation with other software, considering that the Service Provider undertakes to provide this information to the extent necessary on the basis of a written and substantiated request.
9. The Customer may make the documentation related to the Livestocker and its use available only to the persons authorized by the Service Provider. The Customer's own employees and persons in a contract with the Customer whose work for the Customer has been proven necessary, are considered to be the persons authorized by the Customer to use the Customer's right of use on the basis of the Use License.
10. Customer may transfer Livestocker to other third parties only with the approval of the Service Provider or make it available. There is no restriction on the transfer of Livestocker and related documentation to agents and other experts which the Customer uses in the course of a legal dispute related to the Contract in order to enforce his rights.
11. As a contracted partner, the Service Provider may display the Customer on its website - by indicating the Customer's logo and the description with the content agreed in advance by the Parties. Customer expressly acknowledges and agrees that he/she expressly consents to the display of any information on the Services provided by the Service Provider under the Contract as a reference.
12. The image of Livestocker and the Website, the selection, arrangement and editing of its content, as well as the individual, original nature of the content itself are subject to copyright protection. The copyright holder is the Service Provider, therefore, only the Service Provider is entitled to license each copyright use to others. No part of this site may be reproduced, copied, retransmitted, reposted, duplicated or otherwise used without the prior written permission of the Service Provider, unless the Service Provider declares in advance, clearly and explicitly that it allows any of such uses. It is also forbidden to create or modify any material or work derived from or based on the content, image elements referred to in this section, including in particular fonts, icons, buttons, links, wallpapers, screensavers, text, images, graphics, logos, postcards, photos, sound and video production, unauthorized access, distribution, placing on the market and sale.
13. Livestocker and the underlying software product are protected by Copyright and other intellectual property laws. Based on the Use License, the Customer acquires a limited and non-exclusive, non-transferable right to use the Livestocker application and software for the duration of the Use Period, not ownership. All rights in and to Livestocker and all software products (including applications) and other intellectual property that are part of it, and in particular, but not exclusively, the right to change, update, update, distribute, reproduce, document, rework, grant further rights of use, publish rights and other possible rights is the property of the Service Provider. The structure, composition and code of Livestocker are considered to be the professional and business secret and confidential information of the Service Provider.
14. None of the provisions contained in the GTC gives the right to use the trademarks used in the Livestocker and the Website in any way by the Customer.
15. The provisions of this Title 4 (4.1-4.14) shall apply only to the extent that unless a different Contract is reached between the Service Provider and the Customer during the installation or operation of Livestocker in respect of any subject matter, any part, module, or any Period of Use of Livestocker, the different terms of use offered by the Service Provider are accepted by the Customer.
General Rules of Support
1. The purpose of the Support is solely that the Customer can use the Livestocker software in accordance with its intended purpose, and its functions expressly communicated by the Service Provider shall operate at the expected level during the use by the Customer. The Support is provided by the Service Provider for a period, regularity and complexity, what is necessary for the purpose of this section and a similar software, and reasonably available to a person with user-level knowledge of the use and operation of other tools and software used by Customer.
2. The Service Provider is entitled to interrupt the provision of the Service, in particular the availability of Livestocker on a temporary basis, interrupt it for the duration of the necessary maintenance and upgrade work. During this period, login to the User Account and / or Livestocker is limited or not possible at all, and access to data available in Livestocker may also be limited or temporarily impossible.
3. The Service Provider is obliged to notify the Customer electronically or in another manner qualified by the Service Provider, in due time, in advance, in connection with the reason for the failure of Livestocker and its duration. An exception to the obligation of prior notification under this point is the case when, as a result of prior notice, immediate action to eliminate the risk of error and / or damage is justified on the basis of a legitimate interest of the Parties or of either Party or third parties.
4. If the Service Provider makes any Update of the Livestocker software available for download and the Customer performs the Update, the updated Livestocker software replaces and / or supplements the product on which the update was based. The resulting updated Livestocker Customer may only use it in accordance with the provisions of these GTC, it replaces the previous version of Livestocker in the contractual relationship of the Parties.
5. Customer must ensure that its employees do not use Livestocker in a manner that it distracts them and prevents them from complying with traffic or safety rules. The Parties shall inform each other in the event of any facts, data, circumstances or information relevant to the use of Livestocker.
6. Support only applies to the latest version of Livestocker as of the Update available at the time Support begins, and the version previously available, if Customer has less than 60 days to download the last Update available at the time the Support begins.
Implementation Support
1. Within the framework of the Implementation Support, the Service Provider - at its own discretion - introduces the basic functions and use of Livestocker to the Customer within the framework of online or personal implementation training, then the Service Provider participates in the live start of Livestocker at the Customer in accordance with the Contract.
2. The Service Provider provides the implementation training in Hungarian or English to the persons appointed by the Customer who are entitled to use Livestocker, together with the key users of the Customer. The purpose of the training is to acquaint the end users with the use of the implemented system.
3. The user service is provided by the Service Provider on an e-learning interface accessible from Livestocker, defined by it, providing pre-prepared written and video curriculum.
4. Provision of technical and material conditions (in the case of personal implantation training, training room, training and end-user computers, internet access, flip-chart as required, is after prior consultation, otherwise it is the Customer's responsibility to provide the appropriate computer, display, internet connection).
5. To access the educational materials necessary for mastering the management of the program, the Customer shall use the interface specified by the Service Provider, during the Period of Use, in the way that it can choose the time and order of viewing them at its own discretion. Getting to know the available educational materials, introducing Livestocker to its employees and other contributors, the processing of the information contained therein is the sole responsibility of the Customer, the Service Provider shall not be liable for any damages that can be avoided through full knowledge of the educational materials. If the Customer requires consultation with the Service Provider, the Service Provider's valid educational price list shall apply in that regard.
6. The loading of the opening and master data is performed by the Customer, the Service Provider participates in the definition of data transfer systems per master data and start-up file, as required, and in scheduling and coordinating these tasks.
7. During the Implementation Support, the Customer has the following obligations:
  1. During the testing and possible fine-tuning of Livestocker, it is obliged to consult with the Service Provider in connection with business events as necessary.
  2. During the training and user testing, it is obliged to: participate in the education, to provide the network environment accepted by the Service Provider for the education, to perform a full-scale functional test with the support of the Service Provider's consultants, perform an integration test with the support of the Service Provider's consultants, to consult with the Service Provider in connection with changing the settings; to comment on the results of the testing and, in the absence of substantiation of a substantive and specific objection, accept them.
  3. As part of the preparation for the live launch of Livestocker at the Customer: generation of master and opening data, consultation with the Service Provider and control of the process during data downloads, performance of an in-service “test”.
  4. Provides the infrastructural conditions for the implementation of Livestocker (including the appropriate hardware and Internet connection).
  5. Provides remote access for Livestocker to work.
  6. Provides the appropriate professional staff during the implementation of Livestocker.

Support

Software update
1. The Service Provider informs the Customer about the publication of Updates via the User Account and the electronic contact details provided in the User Account, indicating when the Update will be available, where it will be available, and what are its most significant changes. Customer may install the available Updates for itself. The Customer may also order the performance and installation of an Update from the Service Provider for a separate fee.
2. The Customer is entitled to use the Updates prepared for the software and software modules made available to it on the basis of the Package purchased by it. During the existence of the Contract, the Service Provider shall make program changes in accordance with the legal changes affecting the subject of the Contract within the term prescribed by law, or, if this is not possible, then, within the shortest possible reasonable time, perform the Updates and make the Updates available to the Customer under the conditions specified in the Contract.
3. The Service Provider, in its sole discretion, is unilaterally entitled to make the further use of Livestocker conditional on the installation of an Update.
User advice, support
1. The Service Provider accepts telephone inquiries of the contact persons appointed by the Customer during Working Hours. The Customer may contact the Service Provider on the telephone number indicated on the Website, reserved for this purpose.
2. The telephone hotline service is only intended to provide brief and quick information on issues related to the use of Livestocker. The duration of a short and quick inquiry is, in general, a maximum of 12 minutes from the contact with the competent colleague, and a longer telephone inquiry already belongs to the type of consultation service.
3. Some software functions may be described in detail, by prior Contract and by special Contract of the Parties, in the context of distance learning or on-site training. If the date of education is canceled, it must be notified in writing by the Parties no later than one working day before the training. In the event of the Customer failing to do so, the Service Provider is entitled to invoice the period reserved for education at the specified hourly rate. If the Service Provider fails to act, in that case, the time calculated for the missed education will be credited from the duration of a later occasion.
4. A Modification of parameters affecting the operation of Livestocker, setting new and existing user rights, logged in to the User Account only, may be initiated by the Customer on its dedicated interface, it may not be announced by the Customer by telephone or other medium.
5. Support only covers Livestocker with the latest Update version released at the time it is provided.For all previous versions, the Service Provider is entitled to refuse the Support service, as well as in the event that the Service Provider does not refuse to provide the Support service, is not responsible for erroneous advice which can be traced back to the use of the previous version
6. In connection with the Support, the Customer is obliged:
  1. Maintain a network connection to provide Support.
  2. Define its questions, problems and suggestions precisely, in accordance with their real content, in the detail requested by the Service Provider's employee.
  3. At the request of the Service Provider, formulate or confirm its questions, problems and suggestions by e-mail or in writing.

Troubleshooting

Troubleshooting and handling of change suggestions will only begin after written notice. Trouble reporting is done by electronic reporting, as that the Customer performs the process available on the Livestocker trouble reporting interface (during which the Customer is obliged to select the category, importance, location of the trouble from the given options). The Service Provider is not bound by the importance of the Defect indicated by the Customer in any form, it is considered at the reasonable discretion of the Service Provider.

The Service Provider processes the incoming trouble reports according to their priority. Each Defect is classified in the priority category specified by the Customer and approved by the Service Provider as follows, and accordingly, in connection with the given priority category, the Service Provider is obliged to start the elimination of the given Error within the deadline indicated in the Start Repair column in the table below:

Priority	Definition	Start repair
Level 1 priority:Critical defect	Serious software problem, which causes a total functional limitation, as a result of which the availability of Livestocker and the provision of the Services will be significantly impaired.	During business hours, within 4 hours of receiving the notification, in other cases on the first following Working Day, within 2 hours after the start of Working Hours.
Level 2 priority: Serious defect	Software problem with operation or Service restriction, which substantially restricts the availability of the basic functions of Livestocker.	On the Business Day following receipt of the notification, by 12:00 noon.
Level 3 priority: Not serious defect	Software problem with operation or Service restriction, which does not affect the basic functions of Livestocker.	Within 3 working days.
Level 4 priority Marginal defect	A small software issue that causes inconvenience but does not affect Livestocker functionality.	Within 5 working days.

The Customer must disclose the Defect in detail to the Service Provider and inform the Service Provider about the content of the appropriate performance expected by the Customer, however, which is not binding on the Service Provider. The information must be in such detail that the experts involved in the performance are able to detect and correct the Defect.
The Service Provider is entitled to dispute the existence of the Defect and thereby refuse to correct it, inter alia, if it cannot reproduce the Defect, the Defect does not exist, or according to the Contract, the Service Provider was not (or not in the manner or with the content referred to by the Customer) obliged to perform the task indicated by the Customer.
The Customer may not invoke the Defect, if the performance provided by the Service Provider complies in all respects with what can be expected under the Contract.
Unless otherwise provided in the Contract, the Service Provider is obliged to correct the Defect at its own expense.
Troubleshooting by the Service Provider in the period outside Working Hours may only take place on the basis of a separate Contract between the Parties, otherwise the Service Provider shall not be obliged to do so.

Intended use
1. Any use for direct profit or such use (including, for the purposes of this section, the use of Livestocker for any purpose other than those expressly permitted in the GTC) requires the prior written consent of the Service Provider. Customer must respect the terms and conditions relating to Livestocker and the Website, and all additional copyright and other rights of the Service Provider The Customer must take into account the civil law (Chapter XIII of the Copyright Protection Act) and criminal law (Chapter XXXVII of the Criminal Code) consequences of copyright infringement.
2. The version of the Livestocker application that can be run on mobile phone (iOS or Android) platforms is the Apple AppStore, or downloaded from the Google Play app store. Service Provider draws Customer's attention to the fact that the general terms and conditions for both the Apple AppStore and the Google Play App Store are available in the relevant App Store. Before downloading the Livestocker application to the iOS and / or Android platform and running it on such a platform, the Service Provider expressly recommends reading the relevant general terms and conditions.
3. Customer acknowledges that with respect to the use of the Livestocker application downloaded through the Google App Store, the Google App Store, the Apple App Store has read and understood the then-current Terms and Conditions of the Google Play Store and the provisions contained therein, including in particular the provisions relating to the use of the Apple App Store, the Google Play app store, and considers all these binding on itself. By accepting these GTC, the Customer accepts, that the Service Provider has no influence on the policies and operation of the Apple App Store and Google Play App Stores. If there is a change in the above regulations or in the operation of the companies, as well as in the downloadability of Livestocker, the Service Provider shall not be liable in any way. In the event of any discrepancy between the general terms and conditions referred to in this point and the Contract, solely for the use of Livestocker on a given platform, to the strictest extent necessary to give effect to the provisions of the said General Terms and Conditions which are in conflict with the Contract, the relevant provision of the additional General Terms and Conditions referred to in this Section shall apply.
4. The Service Provider may refuse to provide the Service and immediately terminate the provision of the Service to the Customer, if required by law or a court decision, or if the Service is used without permission in a manner contrary to the GTC, in a way that infringes or endangers the legitimate interests of the Service Provider (especially the protection of its reputation) or in any other way, unlawfully or improperly, taking into account the purpose of Livestocker.
5. Livestocker requires an Appropriate Device and Internet access with adequate bandwidth. The technical conditions required for the use of Livestocker on the user side must be provided by the Customer. The Service Provider cannot be held liable for non-compliance with these technical conditions.
6. Customer can log in to Livestocker using their username and password. You can log in to the Website through an application installed on a compatible device running either iOS or Android.
7. The Customer may initiate the deletion of his/her User Account in his/her notification to the Service Provider as a Registered Shipment or, if the function is available in the User Account, in the user interface of the User Account. Initiation of cancellation shall be deemed to constitute termination of the Contract. The Service Provider will delete the User's account immediately upon receipt of the cancellation initiative.
8. In the event of termination of the Contract, the Service Provider shall invalidate the Customer's username and password and at the same time delete the User's account with the end of the last day of the current Usage Period.
9. The Customer may not use another person's User Account or log in to Livestocker with another person's login details. The Customer, in case of unauthorized use of its User Account or, if detects other violation of the security rule related to the User Account, is obliged to notify the Service Provider immediately, in writing (or by e-mail, but subsequently confirmed in writing at the request of the Service Provider).
10. The Customer can change the entered password at any time by logging in to the User Account. The Service Provider expressly recommends that the Customer regularly changes his / her password and does not pass it on to anyone or store it in a place accessible to others.
11. If the Customer is prevented from logging in to the User Account or Livestocker (so he/she does not know the password in particular), he/she is obliged to request a new password immediately.
12. After logging in with it, the Customer can change the required password to his/her own unique password.
13. Customer can download the Livestocker mobile application free of charge from the application store assigned to the operating system of their device by default. The Service Provider is not responsible for the operation of the application store.
14. The Service Provider reserves the right that if the Customer engages in conduct that results in particular manipulation of the Livestocker, mass downloading, or engages in conduct that is otherwise incompatible with or in violation of the purpose of the Livestocker, or a well-founded suspicion thereof, the Service Provider is entitled to exclude the Customer from the scope of Livestocker's users with immediate effect, to make the Customer's User Account inaccessible or to delete it at its discretion.
Conclusion and content of the Contract
1. Concluding the Contract through the Webshop, happens exclusively on the basis of these GTC and the data provided by the Customer and confirmed by the Service Provider on the Webshop, and with the content according to the choices made by the Customer and confirmed by the Service Provider, which is the entire Contract of the Parties. The Customer is entitled to enter his / her data via the Webshop, to determine from the offered options, by selecting the Package he/she prefers, the conditions under which they wish to use the Services, what permissions do they request and how long they intend to specify the Use Period. After the expiration of the Usage Period selected by the Customer, if none of the Parties terminates the Contract, a new Usage Period shall begin. By default, the terms and duration of the new Use Period are the same as the length and terms of the previous Use Period, unless the Customer sets up a different Package during the current Use Period by logging in to the User Account, in this case
  1. if the Charge of the selected Package for the same period is lower than the amount of the Charge paid for the current Use Period, after the current Use Period, a new Downgrade begins with the terms of the modified Package; or
  2. if the Charge of the selected Package for the same period is equal to or higher than the amount of the Charge paid for the current Use Period, after the selection of the new Package by the Customer, the Service Provider sets it for the rest of the current Use Period (upgrade), in which case, the Customer is obliged to pay the time-proportionate difference between the Pre-Modification and Post-Modification Package Fees for the remaining period of the Use Period at the time of the modification, with which amount the Service Provider is entitled to unilaterally initiate a payment using the payment method specified by the Customer (thus in particular debiting its bank card).
  3. The Contract is created by the Customer initiating the conclusion of the Contract by logging in to his/her User Account by sending choices from the possible options (especially in the subjects according to point 9.2 above) and accepting the GTC and other documents, which qualifies as an offer. Before making the offer, the Customer has the opportunity to review the provided data and the selected features of the Services. After making the offer, the Service Provider will confirm it within 48 hours, by communicating this confirmation to the Customer, the Contract is concluded. If the offer made by the Customer and the confirmation made by the Service Provider differ from each other, the Contract is created with the content confirmed by the Service Provider, except for if the Customer indicates within 72 hours of its notification, that it does not accept the difference, in which case the Parties shall agree separately on the matter covered by the difference, by which the Contract is concluded.
2. The Contract is drawn up in Hungarian. The content of the Contract according to point 9.2 above can be viewed by logging in to the User Account, while the Service Provider publishes the content of the GTC in force at any time on the Website.
3. By concluding the Contract, the Parties shall provide electronic commerce services, and in accordance with Section 5 (3) of the Act CVIII of 2001 on certain issues related to information society services., agree that the Service Provider is entitled to provide information included in the GTC, but is not obliged to provide additional information pursuant to Section 5 (2) of the same Act.
Amendment of the contract
1. The Customer is entitled to modify the content selected by the Customer in the Contract in accordance with clause 9.2 above, as that by logging in to the User Account in the interface provided for this purpose, chooses options other than the current Contract. An amendment under this clause may result in a change in the amount of the Fee to be paid by the Customer. The Customer's modification pursuant to this clause shall take effect in the Contract in the Use Period following the ongoing Use Period.
2. The Service Provider reserves the right to amend these GTC at its own discretion, after prior notification to the Customer, unilaterally at any time within the framework of the legislation in force at any given time. In case of amendment of the GTC, the Service Provider always acts in accordance with the valid legal regulations.
3. The Service Provider is obliged to notify the Customer of the amendment at least 30 days before it enters into force.
4. The Service Provider is not obliged to apply the notification deadlines indicated above to the amendments to the GTC, when the amendment of the GTC adds a new function to the Service, and the amendment does not affect the general terms and conditions of the Services already provided, nor if the Customer obtains only an advantage.
5. The Service Provider publishes or notifies the Customer 30 days before the amendment to the GTC enters into force, on the Service Provider's Website, and electronic contact information associated with the User Account. If the Customer does not accept the amendment of the Contract, it shall, before it enters into force, communicate it with the Service Provider by registered mail, in which case the Contract shall remain in force without modification until the end of the current Use Period, after which it is terminated without further separate legal notice.
Fulfillment, handover-acceptance, some way of fulfillment
1. The Contract shall be performed in accordance with its content, at a given place and time.
2. The Customer is obliged to accept the pre-performance for any service. If the Service is divisible, the Customer is also obliged to accept the partial performance.
3. The Customer is obliged to make sure that the performance has taken place in accordance with the Contract as soon as possible.
4. During the performance of the Service Provider, it is entitled to use the assistance of contributors (subcontractors).
5. The Customer is obliged to continuously monitor the performance of the Service Provider and, unless otherwise provided in the Contract, any defective performance, notify the Service Provider within 8 days of becoming aware of it, but no later than 30 days after its occurrence. Deadlines under this section are void.
6. Any payment obligation set out in the Contract shall be deemed to have been fulfilled on time if the given amount has been credited to the payment account of the beneficiary by the account holder's bank.
7. The costs incurred in connection with the performance (s) at a later date shall be borne by the Customer.
Obligation of the parties
1. The Service Provider is obliged to perform the obligation undertaken in the Contract with professional competence, according to the specified schedule, within a reasonable time, unless otherwise provided.
2. The Service Provider must carry out the performance in accordance with the applicable laws and other legal provisions.
3. The Customer is obliged to provide the necessary conditions for the provision of the Service at the place of performance. If the Customer does not fulfill this obligation, and the Service Provider's performance will therefore fail, the Service Provider is entitled to transfer the amount included in the Individual Contract to the Invoice immediately, and the Customer is obliged to pay it.
Provisions on Fees and Obligations to Pay
1. The Customer is obliged to pay a Fee to the Service Provider in return for the Service. The amount of the Fee corresponds to those published on the Website by the Service Provider, depending on the length of the Use Period and the Packages selected.
2. The Customer expressly acknowledges that the use of the Services entails a payment obligation, and the Customer expressly acknowledges that the prices displayed in the Webshop and on the Website are net prices, they do not include VAT or other added value tax. The Service Provider reserves the right to change the indicated prices at its own discretion, which does not affect the ongoing – i.e. already paid - Period of Use. The Customer further acknowledges that that the started Period of Use cannot be interrupted, it cannot be suspended, and the Customer is not entitled to reclaim its consideration in any case in the event of the contractual performance of the contract (not even in the event of termination of the Contract). Livestocker and other Services are available for the Use Period, i.e. for a definite, continuous and uninterruptible period, on the condition that the Fee for the Use Period is paid by the Customer before the start of the Use Period.
3. After the end of the Period of Use selected by the Customer, without further separate legal notice, another, Use Period of the same length as the previous one begins, at the beginning of which the Customer has a payment obligation for the Use Period, in the amount published on the Website on the first day of the Use Period, with the amount of which the Service Provider is entitled to unilaterally initiate payment in the payment method specified by the Customer.
4. The optional length of the Usage Periods and the related Fees are determined by the Service Provider at its own discretion. The Service Provider is entitled to offer a Use Period of only one length.
5. The Service Provider is entitled to determine a different Fee for the Usage Periods of the same length, limited by the Customer in certain geographical areas, periods, platforms or other circumstances, if its legal conditions are met. If the Customer is in arrears with the payment obligation, in the event that the Customer is obliged to pay default interest from the date of the delay until the date of payment, in addition, the Service Provider shall be responsible for the payment of costs incurred and certified during the enforcement.
6. In case of late payment of the consideration according to the Individual Contract, the Service Provider is entitled to the default interest, according to the Civil Code 6: Section 155.
Suspension of Performance
1. During the provision of the Service, the Service Provider is entitled to suspend the provision of the Services or any of them until as long as the Customer is in arrears with payment, and the Customer does not settle its debt despite the request, and / or does not provide any warranty or guarantee acceptable to the Service Provider.
2. Damages resulting from the suspension shall be borne in full by the Customer. The delay of the Customer excludes the simultaneous delay of the Service Provider.
Termination of the contract
1. The Service Provider is entitled to terminate the Contract by extraordinary termination with immediate effect, if the Customer has not paid the due fee after sending the notice warning of the legal consequences, within the additional deadline included therein.
2. The Service Provider is entitled to terminate the Contract with immediate effect in the event of liquidation proceedings, winding-up proceedings and compulsory cancellation proceedings initiated against the Customer.
3. In the event of termination of the Contract by ordinary termination, the Contract shall terminate on the last day of the Pending Use Period.
4. The Contract may be terminated with immediate effect, if either Party fails to comply with an essential obligation under this Contract and fails to remedy it at the appropriate written request of the other Party, but not exceeding 30 days, with an additional period, upon unsuccessful expiry of the additional period, the contract may be terminated with immediate effect.
5. In case of delay, it is considered a remedy if the defaulting party performs the service or task within the additional time limit.
6. A material default is, in particular, a delay in payment of more than 30 days by the Customer, while on the part of the Service Provider the obvious professional incompetence, causing intentional damage.
Defective performance, warranty and guarantee
1. The Service Provider provides its Services in a given state (“as is”) (including in particular Livestocker), according to which the Service Provider's liability arising from the Contract is excluded, excluding damages for which liability cannot be excluded by law( (in particular in case of damage caused intentionally, and regarding human life, harmful to physical integrity or health, liability for breach of contract is not excluded or limited by this point). If, for any reason, this point is not applicable in any particular case, the additional points of Title 16 shall apply.
2. The Service Provider shall only be liable for damages that are clearly and directly attributable to it, which occur intentionally or through gross negligence.
3. The liability of the Service Provider for damages is limited only to the extent of direct damages, is exempt from liability for damages in respect of indirect (or adhesive) damage. Indirect damages include, in particular, the costs necessary to eliminate pecuniary disadvantages and the loss of pecuniary advantage, loss of reputation and damage to reputation.
4. The Service Provider is not liable for damages caused as a direct or indirect consequence of the Force Majeure Event. The Service Provider excludes its liability in the event that the Livestocker and / or the server operating it is subject to an external attack, such as SQL. If the Customer receives incorrect system messages as a result of such an attack, the Service Provider does not take any responsibility.
5. The Service Provider shall not be liable for damages resulting from the use of the Livestocker, its improper operation, or the deletion of any part or content of the Livestocker. The Service Provider is not responsible for data loss resulting from the improper operation of Livestocker, from any user action of the Customer, its incompleteness or ambiguity, possible malfunction, possible outages of the Internet network, due to a path error, resulting from any technical error, damage and / or loss due to a virus or other malicious cause.
6. In addition to the cases that may be required by law, the Service Provider does not guarantee any part of the Service.
7. The Service Provider shall make all reasonable efforts to ensure the efficiency and continuity of the Service, but shall not be liable for any loss or damage of any kind caused by the failure of Livestocker, or other inadequacies, provided that it acts in accordance with the provisions of the Contract relating to Troubleshooting. The Customer acknowledges that the continuous operation may be interrupted without the prior knowledge and intention of the Service Provider. Accordingly, the Service Provider does not undertake or guarantee the error-free and uninterrupted operation of the Service, or that access to the Service will be continuous or error-free. In this case, however, the Service Provider will make every effort to make the Service available again as soon as possible but does not provide a time guarantee for full or partial restoration. The Service Provider does not take any responsibility due to data connection errors, temporary or permanent unavailability of the Service in the Customer's computer, or other direct or indirect damage to its property.
8. The Customer is obliged to bear or compensate for all damages resulting from the violation of the regulations contained in the GTC.
9. The customer is released from liability if it proves that the breach of contract is beyond its control, caused by an unforeseeable circumstance at the time of the conclusion of the contract, and was not expected to avoid the circumstance or remedy the damage.
10. Either Party shall have the right to suspend its own performance obligations under the Contract, excluding the obligation to pay, to the extent that the performance of the Contract is affected by Force Majeure events beyond the control of the Party and unforeseen at the time of concluding the Contract.
11. The Customer acknowledges that all payment transactions performed during and in connection with the use of the Services will be processed and executed by an external third party, in accordance with the terms and conditions of use and other data management and other policies and rules set by that third party or persons. The Service Provider expressly excludes its liability for the conduct and omissions of such third party or persons. We recommend that the Customer be thoroughly and exhaustively informed about the terms and conditions set by these third party service providers.
12. The Service Provider shall not be liable of any kind for the legal or other compliance of Livestocker outside the territory of Hungary.
13. Service Provider excludes all liability for the conduct of Livestocker users. The Customer is obliged to ensure that the use of Livestocker does not infringe the rights or legislation of third parties, either directly or indirectly. Customer is fully and exclusively responsible for its own conduct, in such a case, the Service Provider fully cooperates with the acting authorities in order to detect violations.
14. The Service Provider is entitled to any content made available by the Customers during the use of Livestocker (uploaded to any system of the Service Provider), but not obliged to check it and with respect to the published contents, the Service Provider is entitled to but is not obliged to look for signs of illegal activity.
15. Any communication between the Website, Livestocker or the Service Provider may contain connection points (links) which lead to the pages of other service providers. The Service Provider is not responsible for the data protection practices and other activities of these service providers.
16. All Packages, modules and functions of Livestocker (including in particular all applications and other software) correspond to the versions made available by the Service Provider at all times, and may be used in accordance with the GTC in force at any time and the data management information.
Notifications
1. In connection with the Contract and its performance, only the legal declaration made by the Parties in the form of a Consignment Registered by the persons designated for contact in the Individual Contract is suitable to produce legal effect. Pursuant to the Contract, in respect of the Service Provider, a statement received by letter or e-mail in accordance with the contact details provided in the User Account with respect to the Customer shall be deemed that it comes from the person authorized to do so.
2. Any change in the identity or contact details of the contact persons shall be notified to the other Parties in writing without delay, the other Parties shall not be liable for the consequences of failure to do so or late performance. A change in the contact persons or their contact details does not require an amendment to the Contract.
3. If the subject of the notification is the amendment of these GTC, the Service Provider fulfills its notification obligation by publishing it on the Service Provider's Website or notifying the Customer.
Confidentiality, protection of reputation
1. The Parties shall maintain the confidentiality of any business secrets or other confidential information (including, in particular, information disclosed to each other in connection with the Support) that has come to their knowledge in connection with the Contract and its performance during and after the termination of this Contract. Such data and information shall not be disclosed to third parties in any form, whether directly or indirectly, without the prior express consent of the other Parties. The obligation of confidentiality and the restriction do not apply to the fulfillment of the obligation to provide information imposed on the Parties by law, and to provide the necessary information to the owners (ownership representatives), subsidiaries, associates, decision-making bodies and representatives of the bodies controlling their operation or management, as well as to the legal, accounting or other professional advisers of the Parties.
2. The Parties shall respect the good repute of the other Party and shall not engage in any conduct that is detrimental to their reputation, either under this Contract or after its termination.
3. The Service Provider is entitled to protest in connection with all communications by the Customer, which would in any way endanger, insult or adversely affect the reputation, prestige, market position or image of the direct or indirect members of the Service Provider, the Service, Livestocker or the Service Provider. The Customer is obliged to terminate the communication affected by the Service Provider's protest in accordance with this clause within 3 working days from the receipt of the protest, and to publicly correct or rectify it in accordance with the Service Provider's specific request.
4. The Customer is not entitled, either directly or indirectly, to use any intellectual property in a broad sense that has become known by him/her while using the Livestocker or during the use of the Services, to use to present them as its own intellectual property, creation, know-how, brand or product, or in its any communication relating to the Services or any of them, or to use the Service Provider's easily visible and unambiguous designation and logo in any communication relating to the Services or any of them.
5. Miscellaneous provisions
6. The Customer acknowledges and accepts that the Service Provider may request data from the Livestocker database operated by the Customer.The purpose of the query is to collect usage data, does not cover the Customer's business data (data of customers, persons, products, etc.). Data collection is required for the continuous provision and further development of the system and related Services. Requested data can be, for example, version number, user number, parameters essential for the operation of online invoicing, statistics on user activity, how users use the system (for example: frequent filters, consecutive window openings, frequent window combinations). The security features built into the query ensure that only data can be retrieved, and they cannot be added, modified or deleted. The query runs at night, so it does not hinder or slow down the operation of Livestocker, its effect on the server's resources is negligible.
7. Customer acknowledges that regarding the files made available or transmitted on the Internet as part of the Service, information society services, pursuant to Act CVIII of 2001 on electronic commerce services, and on certain issues related to information society services, (hereinafter: Eker Act), the Customer qualifies as the service provider responsible for the content. Service Provider with respect to the contents referred to in the previous paragraph, pursuant to the Eker Act, at most qualifies as an intermediary service provider, thus, it is not obliged to check the content of the information that it only transmits, stores and makes available, nor shall it be obliged to seek facts or circumstances which suggest the pursuit of an illegal activity.
8. The Customer acknowledges that if the Service Provider, with respect to the contents referred to above, will receive a notification alleging an infringement pursuant to Eker Act, Section 13 (1), hereinafter will take measures, pursuant the Eker Act, Section (notification-removal procedure). The Customer acknowledges that in this case the Service Provider is not responsible for the removal of the relevant information or for not providing access to it. In relation to the content referred to in this section, in the event of a claim against the Service Provider by third parties, the Customer is obliged to take the place of the Service Provider or, if there is an obstacle to this, to provide him / her with all assistance to effectively defend against the claim. The Customer is obliged to reimburse the costs of such procedures to the Service Provider, and to do everything possible to ensure that the Service Provider is not harmed.
9. Customer acknowledges that pursuant to EU 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as part of use of the Services, (including in particular Livestocker) the Customer qualifies as a data controller, Service provider as a data processor. With regard to data processing activities, the Parties shall enter into a data processing Contract (DPA) supplementing the Contract.
10. The Customer shall not assign the rights and obligations arising from the Contract to third parties without the prior written consent of the Service Provider. Any assignment Contract concluded without the prior written consent of the Service Provider shall be considered invalid.
11. The Service Provider is entitled to unilaterally transfer, to any third party, its claims, demands, debts arising from the Contract, or the assignment and assumption of its contractual position, or, in particular, but not exclusively, if the Service Provider transfers the relevant business line to a third party under any title, the Contracts [pursuant the Civil Code, Section 6: 209, (1), without the right of the Customer to withdraw the consent to the transfer of the contract]
12. All Contracts concluded between the Parties in writing, orally or by implication prior to the conclusion of the Contract with respect to the subject matter of the Contract shall be terminated without any further acts or legal declarations on the date of entry into force of the Contract.
13. It is excluded that such a habit becomes the content of the Contract, in the application of which the Parties have agreed in their previous business relationship or a practice which has been established between them. Unless expressly agreed in writing by the Parties, a custom widely known and regularly used by the subjects of a similar contract concluded in the business subject of the Contract does not become the content of the Contract, unless its application is essential to the interpretation of the Contract and necessary for its proper performance.
14. The absence or delay in the exercise of any right or remedy available to the Parties under the provisions of the Contract or of any applicable law shall not be construed as a waiver of such right or remedy, furthermore, the partial or one-off exercise of a right or remedy does not exhaust the possibility of further exercising that right or remedy.
15. The law of Hungary shall govern the Contract, the interpretation of the Contract and matters not regulated in the Contract.
16. In the event of any dispute between the Parties in connection with the Contract and its performance, the Parties shall use their best endeavors to settle the dispute amicably. If negotiations for a peaceful settlement fail, the Parties stipulate the jurisdiction of the Buda Central District Court in matters within the jurisdiction of the District Court, while in cases falling within the jurisdiction of a court, the provisions of Jurisdiction CXXX of 2016 on the Procedure of Civil Procedure shall apply.
17. If the Contract is terminated for any reason, this circumstance does not affect the obligations of the Parties under the Contract regarding the fulfillment of payment obligations arising under the Contract. The Parties shall continue to be liable for the obligations created under the Contract after the termination of the Contract.

17.18. If either Party does not exercise immediately or in full any of its rights under this Contract, it does not have the consequence of waiving the exercise of that right. However, this does not imply an extension of legal or contractual deadlines.

Supplementary Agreement

DATA PROCESSING CONTRACT

This Data Processing Contract ("DPA") relates to the Livestocker Software and related Additional Services, AnimalSoft Limited Liability Company (company registration number: 01-09-200958; registered office: 1013 Budapest, Pauler utca 6.), as a Service Provider, and their Contract related to the handling of personal data during the provision of the Service under the Contract between the Customer contracting with him via the Webshop.

In this DPA, unless otherwise provided in this DPA, the terms used in capital letters have the meanings set forth in the GTC that is part of the Contract.

The Parties shall regulate the processing of Personal Data by the Data Processor in the present DPA during the use of the Services by the Data Controller. The purpose of this DPA is to provide appropriate data protection safeguards, and to ensure that the processing of Personal Data takes place in accordance with the legal obligations of the Data Controller and the Data Processor. This DPA covers only the Personal Data and the handling of Personal Data which are handled by the Data Controller, as the Data Controller and the Data Processor, as a data processor (thus including in particular the employee data entered into the Livestocker by the Data Controller, but excluding, for example, the data of the Data Controller's representatives, which are processed by the Data Processor for the purpose of concluding the Contract). This DPA applies only to the activities performed by the Data Processor in the framework of the Service.
The Data Processor shall act in the manner necessary for the performance of the Service, in accordance with the instructions of the Data Controller.
The contents of this DPA are solely within the framework of the Rights of the Data Subject, without prejudice to them.

Contract
1. In addition to the main text of the Contract, the following appendix is an integral part of this DPA: Description of the Privacy Incident.
2. In the event that any provision of this DPA conflicts with any provision of this Contract, then the relevant provision of this DPA shall prevail.
Interpretative provisions

For the purposes of this DPA, the following terms have the following meanings:

1. Privacy Incident: A breach of data security which results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, personal data transmitted, stored or otherwise processed.
2. DPA: means this DPA, including any subsequent amendments thereto, from the terms and conditions set out in the body of this document, the appendices, annexes and any attachments, and any document expressly incorporated by reference.
3. Data Processor: Service Provider under the Contract, i.e. the legal entity that processes the Personal Data in the name and on behalf of the Data Controller.
4. Data Controller: Customer under the Contract, i.e. the legal entity that alone or together with others establishes the purposes and methods of processing the Personal Data.
5. Affected Person: an identified or identifiable natural person.
6. GDPR: 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 Regulation (EC) No 95/46 (General Data Protection Regulation).
7. Approved Purpose: means
  1. on the one hand, its tasks under the Data Processing Contract, in particular all software and services provided under the Livestocker; and
  2. on the other hand, the activity specified by the Data Controller, where such instruction is authorized by the Contract or by law, or during the intended use of the Livestocker, it is possible and appropriate for the purpose of the Livestocker.
8. Personal Data (s): any information about an identified or identifiable natural person (Data Subject); the natural person who, directly or indirectly, in particular, it can be identified by one or more factors, such as name, number, location data, online identifier, or one or more factors relating to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person.
General provisions
1. This DPA governs the processing of Personal Data by the Data Processor for the Data Controller in order to perform the Services under the Contract. The Data Processor may use the Personal Data only for the Approved Purpose, that is, for the provision of the Service (including, in particular, the operation of Livestocker's functions involving the uploading and other processing of personal data) and is entitled and obliged to process them in accordance with applicable law, this DPA and the Contract. The Data Processor shall immediately inform the Data Controller if, in its opinion, an instruction violates the relevant legislation.
2. The formal control over the Personal Data and all possible property and other rights related to it remain with the Data Controller.The Data Processor does not acquire any rights in relation to the Personal Data, except for the non-exclusive processing of Personal Data for an Approved Purpose, revocable and limited in time.
Assistance by the Data Processor
1. The Data Processor shall assist the Data Controller in fulfilling his / her obligations under Articles 32-36 of the GDPR, taking into account the nature of the data management and the information available to the Data Processor. In this context, the Data Processor is obliged to provide assistance to the Data Controller without undue delay, and to ensure that the Data Processor's subcontractor assists the Data Controller to respond to Data subjects and national regulatory authorities in connection with the processing activities performed by the Data Processor and the Data Processor's subcontractor for the Data Controller, or provide information. The Data Processor shall provide such information and assistance requested by the Data Controller within the reasonable grounds in order to: enable the Data Controller to comply with the relevant legislation and the requirements of the competent authorities. In particular, the Data Processor must:
  1. correct or delete inaccurate Personal Data;
  2. owned or controlled by the Data Processor or any of its subcontractors, provide a copy of Personal Data stored in any form of data retrieval or storage facility;
  3. to provide information on the processing of Personal Data;
  4. to assist in any request or request made by or on behalf of any Data Subject, and in respect of any foreseeable request or summons, relating to Personal Data; and
  5. to assist the Data Controller in other ways, if necessary, in order for the Data Controller to be able to fulfill its legal obligations.
Use of subcontractors
1. The Data Controller acknowledges and approves the additional data processors indicated by the Data Processor as data processors in its data management information. The Data Controller gives a general authorization to the Data Processor to use additional data processors, in respect of which the Parties act in accordance with Article 28 (2) and (4) of the GDPR.
2. The Data Processor shall ensure that any processing of Personal Data by an additional data processor complies with the requirements set out in this DPA. The transfer of Personal Data to third countries or international organizations, subject to other conditions, may only take place on the basis of a compliance decision of the European Commission or other appropriate guarantees or possibly in accordance with Article 49 of the GDPR.
3. The Data Processor is obliged to ensure that a data processing agreement be concluded between the Data Processor and all other data processors, before that additional data processor begins to process any Personal Data. In the data processing agreement (s), additional data processors shall be subject to the same data protection obligations as set out in this DPA.
4. Technical and organizational security measures
5. The Data Processor is obliged to fulfill its obligations and measures under this DPA with the expertise required by law, performed with care and diligence. To this end, the Data Processor shall take the measures provided in Article 32 of the GDPR.
6. The Data Processor shall apply the technical and organizational security and measures required by applicable law at all times to prevent any damage resulting from any unauthorized or unlawful processing, loss, destruction, damage, alteration or disclosure of Personal Data, taking into account the nature of the Personal Data to be protected.
Confidentiality
1. The Data Processor is obliged to ensure that he/she and his/her employees keep all Personal Data confidential and that employees of the Data Processor have access to the Personal Data only to the extent necessary for the performance of their work.
2. Personal Data shall be considered confidential information owned by the Data Controller and / or the Data Subject, in respect of which, in addition to what is expressly set out in this DPA, the Parties are required to exercise at least the caution as regarding trade secrets taken over from the obligation of confidentiality.
Inspection
1. The Data Processor shall retain all information necessary to demonstrate compliance with the obligations contained in this DPA and is required to keep records required by the GDPR.
2. The Data Controller is entitled to check the compliance of the Data Processor with this DPA in accordance with the provisions set out below.
  1. Availability of audit reports: Data Controller is entitled to receive a full-text version of the audit reports prepared by the auditor appointed by the Data Processor (if such audits or reports have been prepared). A summary of the audit report shall also be provided to the Data Controller. This DPA does not oblige the Data Processor to perform such inspections, order to perform such reports or prepare reports.
  2. Checks initiated by the Data Controller: the Data Controller has the right to appoint and entrust at its own expense a sufficiently experienced, reputable, recognized and independent third party auditor (hereinafter: Auditor) with at least 10 (ten) working days prior notice, to examine and inspect during the Working Hours the technical security and organizational security measures and the Data Processor's systems relating to the Personal Data processed by the Data Controller under the Contract. The Auditor must have access to records, internal policies and routine workflows, or any other information held on the premises of the Data Processor, and it can make copies of all of them. The audit may include other appropriate controls, such as a review of technical documentation, random sampling or more comprehensive on-site inspections. The Data Processor is obliged to provide all necessary assistance to carry out such checks. The Auditor is bound by professional secrecy with respect to all information disclosed, unless otherwise provided in this DPA, which the Data Processor may request in writing from the Auditor before commencing his work. At the reasoned request of the Data Processor, if the Auditor does not meet the conditions set out in this section (in particular, it does not have a good business reputation, appropriate experience or recognition), the Data Controller is obliged to appoint a new Auditor.
  3. A condition for access to the inspection reports referred to in Section 8.2.1 above or for inspection by a representative of any third party pursuant to Section 8.2.2 of the Data Controller, that the Data Controller and / or the Auditor accept the obligation of confidentiality with regard to the obtained information, with the proviso that the findings made by the Auditor may be communicated to the Data Controller.
3. The right of inspection referred to in point 8.2.2 above shall be exercised once a calendar year and can be practiced when there is a reasonable presumption that a Privacy Incident has occurred. However, in the event that the inspection reveals any non-compliance, the Data Controller is entitled to carry out follow-up audits with its own Auditor to the extent necessary to protect its interests under this DPA.
4. If the Data Controller is required by a data protection authority the Data Controller is entitled to share the results of the inspections according to point 8.2 above.
5. The parties shall bear their own costs related to any inspections carried out or referred to in this point 8. Nothing in this Section 8 obliges the Data Processor to make personal data managed by the Data Processor available to the Data Controller, which are not controlled by the Data Controller.
Report a privacy incident
1. If the Data Processor becomes aware of any Privacy Incident, without undue delay, but no later than within 48 hours, shall notify the Data Controller by filling in and sending the form in accordance with the Annex, and cooperate fully in resolving the problem as soon as possible within a reasonable framework. The notification shall contain in particular the following information (to the best of the Data Processor's knowledge, if available):
  1. a description of the Privacy Incident, including the categories and numbers of Data subjects involved; a summary of the incident leading to the Privacy Incident; the date and time of the event; the categories and number of data records concerned; the nature and content of the Personal Data concerned, and the location of the Data Protection Incident in kind and the data carrier involved;
  2. a description of the circumstances of the Privacy Incident (e.g., loss, theft, copying);
  3. a description of the recommended measures to mitigate the adverse effects of the Data Protection Incident;
  4. a description of all likely consequences and potential risks, which may be caused to the Data Subject (s) by the Privacy Incident;
  5. a description of the measures proposed or taken by the Data Controller to deal with the Data Protection Incident, as the case may be; and
  6. a description of any additional information that may be relevant to the Privacy Incident or its mitigation, in particular information which the Data Controller has previously identified as relevant information.
2. The notification must be sent by e-mail to the Data Controller at the electronic contact provided in the User Account.
3. The designated contact person of the Data Processor is obliged to answer the subsequent, reasonable and reasonably arising question raised by the Data Controller within a reasonable time.
4. Depending on the nature of the Data Protection Incident, the Data Controller may be required to report to the data protection authority of the country in which it is established. The Data Processor is therefore obliged to provide any other information requested by the Data Controller within a reasonable time in order to comply with the relevant data protection rules and / or the data protection authority's requests for data. Nothing in this Section 9 obliges the Data Processor to make available to the Data Controller personal data managed by the Data Processor for which the Data Controller is not the Data Controller.
Other Notices
1. The Data Processor is obliged to:
  1. . notify the Data Controller without undue delay, by registered mail, of any planned change in the technical, organizational or financial aspects of the provision of the Services by the Data Processor, and changes affecting the Data Processor or its Subcontractor organization, which may adversely affect the ability or willingness of the Processor or subcontractor to process the Personal Data in accordance with the instructions of the Data Controller or the requirements contained in this DPA;
  2. Notify the Data Controller in writing within 15 calendar days, if (i) receives a request from a Data Subject for access to that Person's Personal Data; or (ii) receives an objection or claim relating to the obligations of the Data Controller and / or its customer under applicable data protection legislation. The Data Processor is obliged to provide the Data Controller with all reasonable assistance, which it may need in connection with such an objection;
  3. notify the Data Controller without undue delay if any data protection authority or other government body requests the Data Processor or any other data processor to do so, to make access to Personal Data mandatory for the data protection authority or other relevant government body. Such notification shall, as far as possible and to the extent permitted by applicable law, be made prior to any provision of data by the Data Processor.
2. If the Data Processor is required by any law or authority to retain any document or material which would otherwise have to be returned or destroyed, is obliged to notify the Data Controller in writing of the given data retention, to the extent permitted by law, giving details of the documents or materials which it is required to retain.
3. The provisions of the Contract shall govern the making of declarations and contacts.
Scope

This DPA shall enter into force with the Contract on the date of its entry into force, and shall remain in force until as long as the Data Processor (or any data processor) manages or has access to the Personal Data covered by this DPA under the Contract.

Breach of contract

Any failure to comply with the requirements set forth in this DPA shall be deemed a breach of contract with respect to both this DPA and the Contract. The Parties are obliged to ensure that any breaches of contract are remedied as soon as possible. The Parties shall keep the other Party informed of any developments, and document all measures taken to remedy the non-compliance.

Obligation to delete data
1. Personal Data may not be further stored for the period necessary to fulfill the original purpose of the processing. The Data Processor is obliged to comply with routine and other work processes for the continuous deletion of Personal Data.
2. By logging in to the User Account, the Data Controller is entitled to delete the Personal Data covered by this DPA, in which case, regarding a law, an official decision, a different provision of the Contract (including this DPA), a different instruction of the Data Subject, in the absence of any other lawful right with regard to the processing of the data, the Data Processor shall immediately delete them from its own systems.
3. In the event of termination of the Contract and if the Customer initiates the deletion of any data during the use of Livestocker, the Data Processor is obliged to actually delete all Personal Data, except if the Data Controller gives a different legal instruction.
Preservation of provisions
1. Any provision of this DPA which is intended to be fulfilled or to remain in force in full or in consequence on or after the termination of this DPA, shall remain in full force and effect.

To the extent that the Data Controller has to respond to requests from data protection authorities or Data subjects, regarding how the Personal Data has been processed in accordance with the Contract and this DPA, the Data Processor to the extent strictly necessary, shall, to the extent possible, continue to provide the necessary assistance after the expiration of this DPA. For the avoidance of doubt, the confidentiality obligations contained in this DPA, including the obligation of employees, consultants, etc., to maintain the confidentiality of Personal Data, they continue after the expiration or termination of this DPA.

Other provisions
1. In order to comply with the data protection rules, the Data Controller is obliged to keep in touch with the Data subject, accordingly, the Data Controller has the sole task and responsibility, that the data processing (excluding operations carried out explicitly and exclusively by the Data Processor) is lawful, in particular, that there is an appropriate and lawful right to the Data Management and that the Data Subject receive the information required or otherwise expected under the GDPR (and possibly other legislation) in due time and with appropriate content.
2. In matters not regulated in this DPA, the provisions of the GTC shall apply to the fullest extent permitted by the applicable legislation.

ANNEX TO THE DATA PROCESSING CONTRACT

DESCRIPTION OF THE PRIVACY INCIDENT

1. Contact information
1.1	Name and address of the Data Processor:
1.2	Name of the Data Controller's internal data protection officer (if any) or other contact person:
1.3	Contact details of the former person (if available or contact person, telephone number, mobile phone number, email address):
2. Key personal data breaches ("first part")
2.1	Date of occurrence of the Privacy Incident, estimated if necessary:
2.2	Date of Detection of the Privacy Incident:
2.3	Method and circumstances of personal data breach:
2.4	Nature and content of the personal data concerned:
2.5	Technical and organizational measures applied or planned to be applied by the Data Processor to protect the personal data concerned: *
2.6 Relation to the use of another data processor (if any):
2.7	Name of other data processor:
2.8	Contact name of the other data processor:
2.9	Contact details of the former person:
2.10	Task / role of the other data processor (what did the other service provider do):
3. Additional data concerning personal data breaches ("second part")
3.1	Summary of the Privacy Incident, including the physical location of the data breach and the data carrier involved:
3.2	Number of Data subjects:
3.3	Description of possible consequences and adverse effects for Data subjects **:
3.4	Possible technical and organizational measures applied by the Data Processor to mitigate possible adverse effects:
4. Cross-border aspects (if any)
4.1	Are there Data subjects in other EU Member States:

Notes for filling out the form:

* Note to point 2.5 above

It is extremely important to provide detailed information on whether the appropriate technical protection measures have been implemented or, whether these measures have been applied to the data affected by the security breach.

** Note to point 3.3. above

An important circumstance is whether the Privacy Incident, i.e. the breach of personal data, is expected to adversely affect the personal data or privacy of the Data Subjects. As to whether the Data Protection Incident is expected to adversely affect the protection of the data subjects' personal data or privacy, in particular, the following shall be taken into account:

the nature and content of the personal data concerned, especially if they concern financial information, special data (e.g. religious, ethnic, sexual orientation, health and similar data), location data, Internet log files, Internet browsing history, electronic mail data;
the expected consequences of the personal data breach for the Data Subject, in particular if the breach of personal data may lead to misuse of personal data, damage to physical integrity, defamation, libel or damage to reputation; and

the circumstances of the personal data breach, in particular in the event of a breach of a prohibited data acquisition or information system or data regulated by Act C of 2012 on the Penal Code, and circumvention of a technical measure to ensure the protection of the information system gives rise to suspicions of criminal offenses, or the Data Controller is aware that that the data are processed by persons not authorized to process the data.