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Powerlynx License Agreement

Article 1: Representations and Warranties

  1. The Licensor represents and warrants that the Licensor exercises the proprietary rights to the computer program (copyright) specified under Art. 1 para. 1 of this Contract and is entitled to grant to the Licensee the right to use this program in accordance with the terms and conditions provided hereby.
  2. The contracting parties enter into this Agreement in order to provide for the mutual rights and obligations connected with the copyright use while considering the copyright protection set forth by the legal regulations.

Article 2: Subject Matter of the Contract

  1. The Licensor grants hereby to the Licensee the license to exercise the right to use the computer program “Powerlynx” (hereinafter referred to as the “Computer Program”) within the scope and subject to the terms and conditions provided under Art. 5 below.

The right to use the Computer Program in accordance with this Contract shall be understood as the right of undisturbed utilization of the Computer Program for the purpose of the client registration and management of the Licensee’s network.

  1. The Licensee undertakes to pay to the Licensor for the license granted in accordance with this Agreement the agreed licensing fee and moreover undertakes to provide all required assistance to accept the Computer Program and to observe all the restrictions of the use set forth by law and this Agreement.

Article 3: License Arrangement

  1. The Licensee is only entitled to use the Computer Program in compliance with this Agreement.
  2. The Licensor grants hereby to the Licensee the right to use the Computer Program “Powerlynx” in the following ways:
  3. a) use the created reproduction in its original, unchanged shape, namely, by its operation in the work station.
  4. The Licensor grants to the Licensee the license as the not exclusive one.
  5. The Licensor grants to the Licensee the license without any territorial restriction.
  6. The Licensee is entitled to provide its clients access to the client portal of the Powerlynx. Program. The Licensee is entitled to render the administrator access via the web interface to the installed Program in its workstation to an unlimited number of administrators. The Licensor shall not be however responsible for the damages and faults of the Computer Program caused by unskilled interference by third parties to which the Licensee rendered the administrator access to the installed Program. The Licensee is obliged to take up required measures and to proceed with reasonable prudence upon delivering the data enabling the administrative access to third parties.
  7. The Licensee is not entitled to copy, lease, lend, disclose to the wide public, modify in any manner whatsoever the Computer Program, as well as to combine it with other copyrights or to interfere with the Computer Program otherwise than by way of the client adjustment, allowed by the Program documentation.
  8. The Licensee is not entitled to assign, let, lend, or enable the utilization in any manner whatsoever or otherwise temporarily or permanently to provide the right forming part of the license or the license itself to third parties (no sublicensing).
  9. The Licensee is not obliged to utilize the license.
  10. The Licensee is entitled to create the required spare reproductions of the Computer Program. The Licensee is obliged to protect this reproduction from the loss, theft, and misuse by third parties.
  11. The license, and/or the rights and obligations granted based on this Agreement, do not pass to the legal successor of the Licensee in case of the Licensee’s termination.

Article 4: Licensing Fee

  1. The contracting parties have agreed on the fee charged for granting the license in accordance with the actual commercial offer.
  2. What is included in the paid subscription:
    Access to our Documentation, Forum.Integration/deployment fee and POC fee are not included and are always based on the complexity of the project. 
  3. Prices: https://powerlynx.app/pricing
  4. The payment period is quarterly or annually, and invoices are issued at the beginning of the month.
  5. The licensing fee in accordance with the foregoing paragraph is due and payable within a period of fifteen (15) days after issuing the invoice, which the Licensor undertakes to deliver or to send to the Licensee.

The Licensee’s obligation to pay the licensing fee in accordance with this Contract is complied with upon crediting the charged fee to the Licensor’s account, payment in cash, or another payment method.

  1. The Licensee undertakes to pay to the Licensor the contractual interest equal to 0.1 % of the unpaid licensing fee or part thereof per day of default, as resulting from the Licensee’s default. This shall not affect the Licensor’s claim to payment of damages arising in connection therewith.

Article 5: Agreed Features and Functionality of the Computer Program

  1. The Licensor warrants the following features and functionality of the Computer Program:

1.1 Dashboard

1.2 Data plans

1.3 Customers (Online, List)

1.4 Vouchers (Series, List, Online)

1.5 Finance (Payments, Payment records)

1.6 Locations

1.7 Config (Finance, System)

  1. Database of the Computer Program, making it possible to save the information, as well as its viewing, classification, and backing up;
  2. Program must be stored in the procurer’s server;
  3. Program is created in the programming language PHP, with the support of MySQL databases;
  4. Program documentation available on: https://powerlynx.app/ (including Docs: https://docs.powerlynx.app/)
  5. In the event the Computer Program objectively lacks the features and functionality pursuant to paragraph 1 above, the Program is considered faulty.
  6. Non-existence of a feature or functionality which has not been explicitly mentioned under paragraph 1 above is not considered a fault.
  7. The Licensor shall not be responsible for the fault of the Computer Program, which has originated in consequence of that the Licensee has used the Program in a manner contradicting the license arrangement.
  8. The Licensee is entitled to claim from the Licensor a free rectification of fault for a period of three (3) month following the date of entering into this Agreement. The existence of a feature or functionality has to be substantiated by the Licensor. Unless agreed otherwise, the Licensor shall substantiate the existence of a functional feature on the Computer Program installed in the Licensee’s server.
  9. The claim for rectification of a fault must be filed in writing promptly after the fault has been identified, however, within seven (7) days following the date when the fault has been identified by the Licensee. Should the Licensee fail to file the claim within this period, the Licensee’s right to its free rectification shall be terminated.
  10. The Licensor undertakes to rectify possible faults of the Computer Program without undue delay after they have been claimed by the Licensee. The contracting parties shall produce the minutes of the time and the subject of the rectified fault, to be signed by both the parties.
  11. The Licensor is obliged to commence the work to rectify a fault identified by the Licensee also in the event the Licensor has not acknowledged the Licensor’s responsibility for this fault. In the event the Licensor is not responsible for the claims filed, the costs incurred in connection therewith shall be subsequently paid to the Licensor by the Licensee within a period of ten (10) days after delivery of the Licensor’s written notice asking for their payment.

Article 6: Responsibility for Damages

  1. The contracting parties are not responsible for damages caused by their failure to comply with this Agreement in accordance with the applicable legal regulations and this Agreement.
  2. The contracting parties undertake to notify without undue delay the other contracting party of the circumstances excluding the responsibility, preventing their proper compliance with this Contract.
  3. The Licensor shall not be responsible for the damages caused by interference with the Computer Program, its data, or databases by third parties.
  4. Responsibility for damages in accordance with this Agreement shall be governed by general provisions of the Act No. 513/1991 Coll. (Commercial Code). The contracting parties mutually represent and warrant that the value of the damages, which has been or could have been foreseen as a possible consequence of breach of this Agreement by both the contracting parties at the time of entering into this Agreement in each individual case shall amount to a double of the monthly licensing fee pursuant Article 4 above.
  5. The Licensee agrees to indemnify, defend, and hold harmless the Licensor and its officers, directors, employees, and agents from and against any and all claims, demands, suits, actions, liabilities, losses, costs, damages, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or in connection with any third-party claims or legal proceedings related to the Licensee’s use of the software, including, but not limited to, claims of intellectual property infringement, data breaches, or violations of applicable laws or regulations.

Article 7: Delivery and Acceptance

  1. The Licensor undertakes to deliver to the Licensee a reproduction of the Computer Program by way of providing access to the Computer Program;
  2. The contracting parties have agreed that the Computer Program is considered delivered at the instant when the Program has been accessed via a web browser.

Article 8: Withdrawal

  1. Either of the contracting parties is entitled to withdraw from this Agreement in the event of a substantial breach of the contractual obligations by the other contracting party in accordance with section 345 of the Act No. 513/1991 Coll., Commercial Code. The withdrawal comes into effect on the date of delivery of the written notice to the other contracting party.
  2. The Licensee is entitled to withdraw from the Agreement, namely, in the event when the Licensor is belated in regard to its compliance with the obligations in accordance with this Agreement for a time of more than thirty (30) days and fails to take up remedial steps within fifteen (15) days after delivery of the Licensee’s written notice to do so.
  3. The Licensor is entitled to withdraw from this Agreement in the event the Licensee has defaulted on payment of the licensing fee for a period of more than thirty (30) days.
  4. The Licensor is moreover entitled to withdraw from the Agreement in the event the Licensee has used the Computer Program in contradiction with the terms and conditions referred to under Article 3 above, even in spite the Licensor’s written notice. Upon the Licensor’s withdrawal from the Agreement on the above grounds, the Licensee’s obligation to pay the licensing fee shall not be affected and the Licensor is not obliged to return the received fee to the Licensee.
  5. The Licensee is obliged to terminate the use of the Computer Program and to delete all its installations on the date of withdrawal.
  6. Refund of the paid license fee. The Licensee can ask for a refund of the last paid licensing fee. He must officially claim that the license was not used and Licensor confirms and agree with it.

If it is the first payment, then Licensee should cover the costs of efforts that the Licensor put into implementation and training of the Licensee. Price is 70 Euro / 70 USD per one man-hour of Licensor’s work. Licensor doesn’t have to refund anything if he considers that Licensee used License.

Article 9: Closing Provisions

  1. This Agreement shall be governed by the Copyright and Rights Associated with the Copyright Act No. 121/2000 Coll. (the Copyright Act), and/or the Act No. 513/1991 Coll., Commercial Code.
  2. If the reason of invalidity relates to a certain provision of this Agreement only, then only this provision shall be invalid unless resulting from its nature or content or from the circumstance under which it has been agreed that it cannot be separated from the remaining provisions of the Agreement.
  3. This Agreement means and represents a complete agreement of the contracting parties on the subject matter of this Agreement. This Agreement may be only modified by means of the written agreement of both the contracting parties, made by way of numbered amendments to this Agreement and signed by the authorized representatives of both the contracting parties.

Article 10: Jurisdiction and Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Czech Republic. Any dispute, controversy, or claim arising out of or relating to this Agreement or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts located within the Czech Republic. The parties hereby consent to the personal jurisdiction of such courts and waive any objections to the laying of venue therein.

Article 11: Data privacy

As of May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) has been in effect. In our commitment to transparency, we have updated our software solution to align with these new data protection laws. 

Powerlynx is a management software designed for Internet Service Providers (ISPs). While we, as a company, do not directly handle individuals’ data, our clients, who operate in the B2C market, use our software to manage customer data. In such cases, Powerlynx serves as a solution provider. This document outlines when Powerlynx software interacts with personal data and how our software complies with GDPR.

  1. Storage of Personal Information

1.1 General Data Storage

Basic customer information stored in the Powerlynx cloud database, such as phone numbers and MAC addresses, is not considered sensitive. Additional data, such as a customer’s name or email, is collected by ISPs based on customer agreements.

1.2 Customer Information

Powerlynx software stores default information about customers, but ISPs can customize additional fields. If these fields contain sensitive data, obtaining permission from customers to use such data is the responsibility of the ISP, not Powerlynx.

1.3 MAC Addresses

MAC addresses are essential for ISP internet access and are stored in the Powerlynx database under the “Customers” section. Each MAC address is unique and corresponds to a single customer.

1.4 Session Logs

Powerlynx retains information about online sessions, including a combination of IP addresses, session start and end times. This assists ISPs in identifying which customers used specific IP addresses during specific periods.

  1. Administrative Access to Powerlynx Software

2.1 System Access

Our software offers a single administrative access portal. ISPs can grant administrative access to their employees or third parties to manage customer information.

  1. Technology Description

3.1 SSL Communication

Our web-based platform is accessed via web browsers, with HTTPS as the preferred communication protocol.

3.2 Two-Factor Authentication

Powerlynx software supports two-factor authentication, allowing system administrators to enhance security using Google Authenticator or similar tools.

3.3 Password Encryption

All administrator passwords are encrypted in the SQL database. Passwords are never transmitted in plaintext during client-server communication, including HTTP, HTTPS, API, and exports.

  1. Powerlynx Support Access

4.1 Administrative Access

Our proprietary software solution facilitates license management, backup, and remote support. When enabled, clients can request remote support, with strict authentication protocols to ensure security.

4.2 Powerlynx Internal Sub-System Logs

All access by our employees to client servers is logged, including web access and actions, stored in the “Logs” section of each Powerlynx instance.

Article 12: Data storage and cross-border transfer

The Licensee acknowledges and agrees that the Software may involve the storage and processing of data, including personal data, on servers located in the European Union (EU). While the Licensor takes reasonable measures to ensure the security and confidentiality of data, including compliance with applicable data protection laws within the EU, the Licensee should be aware that the EU and the US may have different data protection regulations.

If the Licensee intends to use the Software to process data of individuals located in the United States or any other country outside the EU, it is the Licensee’s responsibility to ensure compliance with the data protection laws and regulations applicable in those jurisdictions. The Licensor shall not be held liable for any failure by the Licensee to comply with such laws and regulations, including but not limited to the GDPR.

The Licensee should consult legal counsel to determine the specific requirements and legal obligations related to cross-border data transfers and data processing in the relevant jurisdictions and should take appropriate measures to ensure compliance.

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