Digitize

Genereal Terms and Conditions

1. Introduction

Thank you for using Digitize. Digitize is a service provided by Monguz Információtechnológiai Kft. (headquarters: Hungary, 6726 Szeged, Páncél köz 25-27., tax number: 14206003-2-06, company registration number: 06-09-012113), hereinafter referred to as the “Service Provider”.

Our Digitize documents governing use of the service:
• The Digitize User Manual: a general guide to using the program.
• It is your responsibility to comply with the Digitize Terms of Use (Program Policy) when using the Service.
• These Digitize Terms and Conditions (the “Terms”) govern the use and availability of Digitize and your content on Digitize, including the rules of privacy and copyright.

Please read carefully as you must accept these Terms and Conditions in order to use Digitize. If you do not understand or accept any part of these Terms and Conditions, please do not use Digitize.

These Terms and Conditions govern the relationship between the Service Provider and the User.

2. Using Digitize

• Definition of service
Digitize is a Digital Asset Management System (DAM) that enables the digitisation of image and text content, as well as the management, sharing, processing, transformation and delivery of image, text and video content per digital object to individual users and user communities.

It is important to note that Digitize is currently available as a free trial for individual subscribers until 31 December 2022.

• Age restriction for private users
Digitize is only available to users over the age of 14.

• User Qulto account
You will need a Qulto account to use Digitize. Please keep your password confidential to protect your account. You are responsible for all activities that occur in or through your Qulto account. Please avoid using the same password as your Qulto password for third-party applications. If you become aware that your password or Qulto account has been used inappropriately, change your password immediately.

• User behaviour
Do not abuse Digitize! Use Digitize only in accordance with the legislation in force. You are responsible for your lawful use of Digitize and for the content stored in Digitize, as described in the User Manual and the Qulto Program Regulations (Terms of Use).
Please note that we may monitor your user conduct at any time.
Digitize is optimized for desktop displays, and its use on mobile devices may not provide the user experience intended by its authors and operators.

• User content
Digitize allows you to upload, store, process, share, receive and publish content. You retain ownership and possession of the intellectual property rights in such content. That is, what was yours remains yours, with the permission granted to the Service Provider that: when you upload, store, process, or share, receive, or publish content on or through Digitize, you simultaneously grant, without compensation, a right of use, unlimited in time and geographic scope, to use the material and content that you have lawfully uploaded. You grant to the Service Provider a license to use, host, store, reproduce, modify, create derivative works (including works that are the result of translation, adaptation or other modification to make the content more suitable for use with our Services), communicate, share, publish, publicly perform, publicly display and distribute such content without any express statement. The license will remain in effect even if you stop using Digitize’s Services. It is your responsibility to ensure that any content you submit to Digitize has the terms and rights necessary to grant this license.

• In your Digitize sharing settings, you can control what others can do with your Digitize content. By default, you control all content that you create or upload to Digitize. You can also share your content or transfer the right to use it to other users.

• Our Digitize services. By using Digitize, you do not acquire any intellectual property rights in Digitize or in the content you access. You may not use any Digitize content without permission from the owner of the content concerned or other legal right granted by law. These Terms and Conditions do not grant you the right to use any trademarks or logos contained in Digitize. You shall not remove, hide or alter any of the legal notices displayed in or accompanying Digitize.

3. Data protection

The Service Provider’s Privacy Statement and Policy contains our privacy policy. By registering with Digitize, you consent to the Service Provider’s use of your personal information in accordance with its Privacy Policy.

• The legal basis for the processing is:
Article 6(1)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “GDPR”), the consent of the user concerned and (b) the performance of a contract of use between the service provider and the user.

• Purposes of the processing:
to communicate with the user concerned of the Digitize programme;
the provision of the Digitize service, the performance of the contract between the parties; collection of the Digitize service fee; (after the free period)

• Recipients of the processing:
Contact employees of the Service Provider

• Duration of data processing

Data may be processed during the duration of the contract or within the statutory limitation period for claims arising from the contract under the Civil Code to the extent necessary to enforce the claims, i.e. for 5 (five) years after the termination of the contract. The Service Provider shall carry out a periodic review once a year in the month of January and shall delete the data whose processing period has expired.

• Categories of personal data processed
◦ Username
◦ Email
◦ Last name
◦ First name
◦ Date of birth
◦ Address
◦ Institution name

• Rights of the User during the period of data processing

The User has the right to request the Service Provider as data controller to access, rectify, erase or restrict the processing of personal data concerning him/her, and to object to the processing of such personal data.
User shall have the right to receive personal data concerning him/her which he/she has provided to a controller in a structured, commonly used, machine-readable format and the right to transmit such data to another controller without hindrance by the Service Provider. The data subject shall have the right to request, where technically feasible, the direct transfer of personal data between controllers.
The User shall have the right to withdraw consent at any time,which shall not affect the lawfulness of the processing carried out on the basis of the consent prior to its withdrawal.
The User has the right to lodge a complaint to the supervisory authority(National Authority for Data Protection and Freedom of Information)
The provision of personal data is a condition for the conclusion of a contract for the use of the Digitize program. The User is obliged to provide the personal data requested in the registration interface. The consequence of the failure to provide the data is that the Digitize program usage contract cannot be concluded and the Service Provider cannot provide the Service, and it is not possible to contact the Service Provider. The conclusion of a contract for the use of the Digitize program is not a prerequisite for the Service Provider’s data processing for marketing purposes, the user is not obliged to provide the personal data required for this purpose. The consequence of not providing data is that the Service Provider does not provide information for marketing purposes.
If the Service Provider intends to further process personal data for a purpose other than the purpose for which it was collected, it must inform the user of this other purpose and any relevant additional information before further processing.

4. Data security
The Service Provider is not liable for any infringement or damage caused by information transmitted, stored or made available by the user that contains illegal content.

• The Service Provider has the right to check the data uploaded by the user in connection with the Service if there is a suspicion of infringement or breach of contract. However, the Service Provider shall not be obliged to check the content of the data transmitted, stored or made available by it in advance and on a regular basis, nor shall it be obliged to search for facts or circumstances that indicate the performance of illegal activities.

• The Service Provider is obliged to provide to the authority specified by law, in the manner and in the cases specified by law, any data relating to the Service which are necessary for the use of the Service and for the performance of the tasks of the competent authority, as provided by law, even if they are considered private or business secrets.

• The Service Provider may only know the content of the data handled or transmitted by it or through the use of its Software to the extent necessary for the performance and development of the Service. If the Service Provider has obtained access to protected personal data in the course of the provision of the Service, it may not disclose the content of such data to any other person.

• Except as provided by law for national security services and investigative authorities, the Service Provider shall not monitor, store or interfere with the data
without the consent of the user concerned, except for the following measures taken in the interest of users:
-The Service Provider regularly backs up the data covered by the Service
-The Service Provider may perform automatic filtering, without human intervention, on e-mails sent via the Software to protect its own and the user’s data and system resourcesService Provider will only apply filtering to forwarded emails in cases where its customers are generally concerned or where the operation of the Service Provider’s systems is seriously compromised (in particular, but not limited to, filtering of large volumes of spam or viruses affecting many users).
– The Service Provider may use the data generated, processed or forwarded by its Software and Services for service development and statistical purposes, but only in an anonymous manner

• Even the filtering process used by the service provider cannot provide complete, error-free protection, so it is possible that the user may receive a virus or that a non-virus mail may be detected as a virus. The Service Provider shall not be liable for any damages resulting from the appearance of viruses or from the loss of mail detected as viruses or spam by the filtering process.

• Data processed by the Service Provider may be disclosed to those who:
billing, claims management, distribution management or customer information on behalf of the Service Provider;
-to bodies entitled by law to settle billing and distribution disputes
operating, monitoring, backing up and providing other administrative services on the Service Provider’s servers;
– for the purposes of national security, defense and public security, the prosecution of criminal offenses, to the competent national security bodies, investigative authorities and the courts

• The Service Provider may transfer to a third party data relating to the user for the sole purpose of collecting the user’s unpaid debts, and such third party may store the transferred data until the debt is settled at the latest.

5. Protection of copyright
All users must comply with the standards set by the World Intellectual Property Organization,the Directive (EU) 2019/790 of European Parliament and of the Council of 17 April 2019 on the digital single market on copyright and related rights and Act LXXVI of 1999 on copyright, because in case of violation of these standards, the use of the Digitize Program will be suspended by the service provider.

The purpose of this copyright notice is to inform you that the Digitize software package is the Service Provider’s own product and as such is protected by copyright. The Service Provider is responsible for the legality of the programs it develops.

The user agrees that the content he/she uploads will not be treated as confidential and agrees to grant Monguz Információtechnológiai Kft. the right to use the content (in particular to publish, reproduce, transmit, publish or broadcast the content) for the purposes of the service provider’s business activities, without royalty, without time limitation and without restriction, worldwide.

The Service Provider’s intellectual property includes:
– The services, including the Service Provider’s proprietary software and third-party closed source software, which the Service Provider provides to the user in the course of using the service.
– All software, solutions, technologies, technical information, ideas, theories, developments, designs, original works of authorship, processes, algorithms, inventions, know-how, processes and other information developed and used by the Service Provider.
– The Qulto knowledge base
– The trade secrets of the Service Provider and any other confidential and/or secret information of value

The use of the Digitize program does not give the user any right or title, other than the right of use, to the Service Provider’s intellectual property or the intellectual property of any third party used for the service. The Digitize program is provided to the user:

– You may not use it for any purpose incompatible with its intended use,
– You may not rent or lend it, charge it, pledge it, copy it, make it available or distribute it,
– You may not transfer it to a third party,
– You may not change it or contribute to changing it,
– You may not make a copy of it or consent to the making or distribution of a copy,
– You may not engage in any conduct that would jeopardize the Service Provider’s ownership of the Intellectual Property,
– You may not acquire or seek to acquire ownership of the Service Provider’s Intellectual Property,
– The provider may not reverse engineer or decompile the Intellectual Property, disassemble it into its components, or otherwise attempt to obtain its source code or database structure,
– You may not remove, modify or overwrite any copyright, trademark or other intellectual property mark displayed on or appearing in the Service Provider’s Intellectual Property.

If the user modifies one or more elements of the service without having the right to do so, the Service Provider shall not be liable for any failure of the software or service resulting from such modification.

The user shall be civilly and criminally liable and shall indemnify the Service Provider for all damages, costs and claims arising from any breach or violation of the rules provided for in the GTC.

The user is responsible for the fact that he/she is the author of the content he/she has posted, or that he/she has the rights to the content or has received permission from the rightful owner to share the content.

Copyright information for uploading content
Please note that the program allows you to upload copyrighted content, but we cannot be held responsible for any copyright infringement of such content and we exclude our liability for any use that infringes copyright.

Please note that if you fail to comply with the legal terms of use set out in this notice and infringe copyright by using the service, we will transfer your personal data provided during registration to 3rd parties in order to pursue a claim against you, and will immediately delete any infringing content you have posted and suspend your use of the program.

Please note that:
– upload only images and content that are not protected by copyright (e.g. your own photo) or;
– have the author’s permission to use them if you upload a copyrighted image or;
– upload images and content that are free to use, e.g.photos downloaded from paid sites, photos taken by a photo agency; or
– when uploading images downloaded from an image sharing site, please indicate the name of the author and the original location of the image, or;
– images posted and uploaded on social networking sites must also be uploaded with the author’s permission, if the author cannot be identified, it is sufficient to reference and indicate where the image is located, etc.

Warning: if the user infringes anyone’s copyright, the Service Provider is entitled to disclose the infringer’s personal data to the infringer in order to protect the copyright, as the full financial and criminal liability lies with the infringer.

6. Programme rules
Please note that we may verify that content uploaded by a user does not violate our Program Policy, and we may remove content that we have reasonable grounds to believe is in violation of the law. The user will be held fully liable, both financially and criminally, for uploading such content.

7. Modification, termination or suspension of the Digitize service
Amendment:
We are constantly developing Digitize. We may introduce performance and security enhancements, modify functionality or features, or make changes to ensure legal compliance, prevent illegal activities or abuse, and we reserve the right to make unilateral changes.
Please note that the Service Provider will notify you of any material changes to Digitize that are likely to adversely affect your use of Digitize. Changes to Digitize will be made without notice when necessary to ensure the security and functionality of the service, to prevent misuse, or to comply with legal requirements.

Suspension and termination.
– The user can stop using Digitize at any time if they so choose.
– If the user commits a material breach or repeated breaches of these TOS and Program Regulations, access to Digitize may be suspended or permanently blocked. The user will be notified in advance of any suspension or disabling of access. Without notice, suspension or disabling of access will occur if you use Digitize in a manner that causes legal liability problems for the Service Provider or prevents other users from accessing and using Digitize.

Interrupt the provision of Digitize.
If Digitize is to be terminated, the user will be notified at least 30 days in advance. During the notification period, you will have the opportunity to retrieve your files from Digitize. After the 30-day period, you will no longer have access to your files. We believe that your files are your own property and it is important to preserve access to them.

Digitize can be used free of charge until midnight on 31 December 2022 , for registered users, subject to limits on storage space and time of use (quotas). If one of your quotas is about to be exhausted, you will be informed by email and via the Digitize user interface. If your quota is exhausted, after a grace period, the Service Provider will delete your files in Digitize. During the period of free use, you will not be able to increase your quota as a user.

Purchase more hosting, payment
From 1 January 2023, Digitize will be subscription-based. The terms and conditions of the subscription will be defined by 15 December 2022.
Purchase additional hosting. Once you have subscribed, you can purchase additional hosting (“paid hosting package”) according to your needs.

9. Warranty provided by the Service Provider
The Digitize Provider makes its programs available to you with reasonable care and skill and hopes that you enjoy using Digitize. HOWEVER, we undertake no guarantees other than those expressly stated, as to the reliability, availability or suitability of specific services available through Digitize for the user’s needs.

10. Liability rules for Digitize:
The Service Provider and its suppliers and distributors are not responsible for:
– losses not caused by our breach of these Terms and Conditions;
– any loss or damage which, at the time of entering into the relevant contract with you, was not a reasonably foreseeable consequence of the Supplier’s breach of these Terms and Conditions; or
– losses relating to any of your business activities, including lost profits, revenue, opportunities and loss of data.

The total liability of the Supplier and its suppliers or distributors for any claim under these terms and conditions, including statutory warranties, is limited to the amount paid by you to us for the use of the service (or, if the claim is for a limited service, limited to the re-provision of the service).

Nothing in these Terms and Conditions shall exclude or limit the liability of the Service Provider and its suppliers and resellers for death or personal injury, fraud, misrepresentation or any other liability not excluded by law.

11. Governing legislation, Jurisdiction:

Governing law
The developer of the Digitize program is Monguz Információtechnológiai Kft., Hungary, the place of performance of the service is Hungary, therefore Hungarian law shall apply to the ownership, use, copyright and all matters relating to the service.

Jurisdiction
The jurisdiction and competence of the courts are governed by Regulation (EU) No 1215/2012 of the European Parliament and of the Council and Act XXVII of 2017 on Private International Law.

If the user (whether a private person or a legal entity) lives outside the European Economic Area, any legal action against the user or the Service Provider may be brought only before the Court of Szeged or the Szeged District Court (Hungarian court), according to the Hungarian procedural law (exclusive jurisdiction).

If the user is a legal person and resides in the European Economic Area and Switzerland, any legal action against the user or the Service Provider may be brought only before the Szeged Court of Justice or the Szeged District Court (Hungarian court), according to the Hungarian procedural law (exclusive jurisdiction).

If you are a resident of the European Economic Area or Switzerland and are an individual, the courts of your country of residence shall have jurisdiction to entertain any legal proceedings in respect of any dispute arising out of or relating to these Terms and Conditions or your use of Digitize.

12. Modification of contractual terms and conditions
These Digitize Terms and Conditions and any additional terms may be unilaterally modified by the Service Provider.

Notifications of changes to these Terms and Conditions will be published on this page, notifications of changes to other terms and conditions will be published in Digitize.
The changes are not retroactive and will take effect 15 days after publication. New features and changes made for legal reasons will take effect immediately. If you do not agree to the amended terms and conditions, please refrain from using the service concerned.

If the user fails to comply with the provisions of these Terms and Conditions and the Service Provider does not take immediate action, this does not mean that the Service Provider waives its enforcement rights and future actions.

If any term of the contract is invalid or unenforceable, this shall not affect the validity, validity and enforceability of the remaining terms.

For information on how to contact the Service Provider, please contact office@qulto.eu or visit the Contact menu of this present site.

These Terms and Conditions are valid from 19 September 2022 for an indefinite period.

 

Terms of Use (Program policy)

Thank you for your interest in Digitize, this policy sets out the terms and conditions of use of the program package.

The owner of the program is Monguz Információtechnológiai Kft (registered office: Hungary, 6726 Szeged, Páncél köz 25-27. tax number: 14206003-2-06, company registration number: 06-09-012113) hereinafter referred to as the Service Provider.

If you are a registered user and have a Qulto account, please read the following

• general terms and conditions (see this page),
• privacy policy and information,
• user manual,

where you will find further information in addition to these Terms of Use.

When using the service, please ensure that the texts and images you produce and upload are not offensive or illegal. Our goal is to prevent abuse that interferes with and threatens the provision of our services, and we ask all users to acknowledge and accept our policies, terms and conditions and rules and to help us achieve this goal by complying with them.

Reporting abuse
If you believe that an account has violated our Terms and Conditions, Privacy Policy and this Program Policy, please report the violation to digitize@qulto.eu, as we are particularly concerned about:

• unauthorized account or program use,
• copyright infringement,
• child abuse,
• uploading of files that cause security problems, compromising program use,
• violation of privacy rights,
• hate speech, incitement to violence or disorder

prevention.

Please be sure to read the main rules of use to understand what we consider to be abusive behaviour.

Please be aware that if we find that there may be a violation of the Acceptable Use Policy, abusive or illegal conduct, we may restrict or terminate the offending user’s access to the Services.

• Sale and/or resale is prohibited

• Malicious software
You may not use Digitize, Qulto account to store, process or publish viruses, malware, crawlers, bugs, Trojan horses, corrupted files or any other harmful or deceptive material. Further, do not distribute content that could damage or disrupt the operation of Qulto or others’ networks, servers or other infrastructure.

• Fraud, phishing and other deceptive activities
You may not use another’s account without the express permission of the account owner. Do not use your account or our programs for phishing. Do not request or collect confidential information, including passwords, financial information or ID numbers. Do not use messaging to defraud, deceive or mislead others in order to share information with you. You must not misuse information about other people, companies or legal entities to mislead or deceive others.

• Safety of children
The Service Provider prohibits any unlawful abuse, harm, molestation, or any activity that harms the interests of children in any way while using the account.
The Service Provider prohibits any content related to sexual abuse of children. If we become aware of such content, we will immediately report it to the competent child protection authorities in accordance with the law, and we may impose sanctions on the accounts concerned, including terminating the account. If you believe that a child is at risk or has been abused while using a Qulto product, you should contact us immediately at digitize@qulto.eu and your local law enforcement agency.

• Copyright
Please respect copyright. Do not infringe the intellectual property rights (patents, trademarks, trade secrets or other proprietary rights) of others. Do not encourage or persuade others to infringe on intellectual property rights.

• Harassment
Do not use your Qulto account or digitize programs to harass, intimidate or threaten others. Users who use their accounts for such purposes may have their accounts disabled.

 • Illegal activities
Obey the law. Do not use your Qulto account and Digitize programs to promote, organize, or participate in illegal activities.