2. What is a Fontakt Application?
1) contact by phone the contact persons of the specific responsibilities of the companies represented in the Application database; and
2.2. The Application, including its content, belongs to Fontakt OÜ, which is also the provider of the Application (registry code 11091789; address Tondi tn 51-12, 11316 Tallinn, Estonia; e-mail firstname.lastname@example.org, phone +3726865555) (“Fontakt“)
3. Who can use the Application?
4. For what purposes and in what ways can the Application be used?
4.1. With the help of the Application, the User is allowed to contact the contact persons of the areas of responsibility of companies only with work and business issues directly related to those companies and areas of responsibility, whereby the User is responsible for the legality of such contact. Among other things, the User is obliged to check and make sure that he or she has a legal basis for processing such personal data and that other data protection requirements have been met. The application allows you to make phone calls only on weekdays and during normal business hours (Mon-Fri, 9 am – 6 pm GMT +3 in summer and GMT +2 in winter).
4.2. The User is prohibited from calling or requesting a meeting with the contact persons of the areas of responsibility of companies for the purposes of advertising, direct marketing, personal communication, etc., which have no direct work and business connection with the respective company and specific responsibilities.
4.3. The User is prohibited from copying or attempting to copy or otherwise obtain possession of the Application or transfer any data to a third party in any way. saada Rakendusest enda valdusesse või edastada kolmandale isikule andmeid.
4.4. The User may make calls and request appointments only in person and manually using the Application. The user is prohibited from using automated tools and programs, such as Bots, etc., or forwarding calls or appointments to other persons while using the Application
5. What do I need to use the Application and how do I order an Application package?
5.1. To use the Application, the User must download the Application to his / her own smart device and register his / her user account in the Application. If the User wishes to use the features of the paid packages of the Application, the User must order the corresponding paid package. The User can use the Application to a limited extent without ordering a paid package, but in this case the User will not be able to use the features of the Application that are intended only for subscribers to paid packages.
5.2. In order to use the application, it is necessary to have an Internet connection, mobile data connection or Wi-Fi provided by the User.
5.3. The User may download the Application from the App Store or Google Play, depending on the User’s smart device. Fontakt does not guarantee that the Application can be downloaded from these environments at any time.
5.4. To use the Application, the User must register his / her user account by following the instructions provided when opening the Application. When registering a user account, the User must provide only correct and true information about himself.
5.7. Fontakt will send the User a payment confirmation confirming the payment of the Application package fee and the additional function fee to the e-mail address indicated upon registration of the User. The corresponding supporting document is also available to the User and can be downloaded in the Application.
6. What functions does the Application perform?
6.1. The User receives using the Application and in accordance with the more detailed description of the package provided in the Application
1) contact by phone the contact persons of the specific responsibilities of the companies represented in the Application database selected by the User; and
2) ask Fontakt to arrange a meeting with the contact persons of the specific areas of responsibility of the companies represented in the Application database selected by the User.
6.2. In order to comply with the principle of minimization arising from data protection, the User does not see the telephone numbers or names of the contact persons in the areas of corporate responsibility when using the Application.
6.3. Fontakt updates the data of the companies represented in their databases and their areas of responsibility over time..
6.4. Fontakt does not guarantee that there is every company of interest to the User in the Application
6.5. Fontakt does not guarantee that there is every area of responsibility for each User represented in the Application.
6.6. Fontakt does its best to update the contact information of the companies represented in the Application and their areas of responsibility at least once a year, but Fontakt does not guarantee that this information is correct at all times.
6.7. Fontakt does not guarantee the round-the-clock and error-free operation of the Application.
6.8. Fontakt provides the User with support via the website www.fontakt.com to solve questions and problems, but Fontakt does not guarantee the round-the-clock operation of the support or the solution of all questions and problems. The Application support provided by Fontakt is available in English and Estonian.
6.9. Fontakt may change the Application, including its functions and content, at any time in its sole discretion, if necessary for the operation of the Application or its updates, or due to changes in legislation.
6.10. Fontakt has the right to restrict the use of the User’s Application, including the number of calls and appointments to be made or the target groups of calls and appointments, if this is necessary for the operation of the Application or the protection of third-party rights, including the Data Protection Conditions.
7. How to ensure the security of using the Application?
7.1. Fontakt makes every effort to ensure the security of the use of the Application but cannot fully guarantee it. Fontakt implements the following security measures to increase the security of the Application: all passwords in the Application are encrypted using Blowfish for Bcrypt and other sensitive data; Renewable tokens are in use when accessing the Application, so the user has a different token for each session. Fontakt servers do not store credit card information, all credit card payments are covered by the Stripe service.
7.2. The User is obliged to ensure protection against viruses and malware when using the Application.
7.3. The User is obliged to take all necessary measures to prevent third parties from accessing the Application. The User, through whose smart device the actions were performed, is responsible for the actions performed by third parties through the Application.
7.4. The User is prohibited from damaging the Application or any third party through any means, including removing or attempting to remove any security measures or restrictions used in the Application.
7.5. The Application will from time to time require software updates to improve or enhance the functionality and security of the Application. If the User does not agree to such software updates, not all features of the Application may work
8. How to stop using the Application and what are Fontakt’s rights to stop offering the Application?
8.1. In order to stop subscribing to a paid package or feature of the Application prospectively, the User must cancel the subscription in the Application by following the instructions provided in the Application. If the User submits a cancellation request in the Application to terminate the subscription of a paid package or function, his / her subscription will be cancelled from the first day of the following calendar month and the User will no longer be charged for the respective package or function.
8.2. The User has the right to delete the Application from his device at any time but deleting the Application from the device will not delete the User’s account or cancel the subscription to the service. The User has the right to delete his / her user account through the Application at any time but deleting the User Account also requires the User to cancel the subscription of the paid package, according to which instructions are given to the User before deleting the account through the Application.
8.3. Fontakt has the right to terminate the unilateral offer of the Application for any reason by notifying the User of the Application 1 calendar month in advance.
9. Will the package fee be refunded to the User and in which cases?
9.2. Exceptionally, Fontakt will return the package fee paid by the User to the User if Fontakt terminates the offer of the Application only due to circumstances arising from Fontakt and for this reason the User is not able to use the Application for the period for which the User has already paid the package fee. In the event of such a situation, Fontakt will contact the User with the contact information provided by the User upon registration of the user account and will return the package fee paid by the User for the period of time during which the User cannot use the Application.
10. What is the responsibility of Fontakt for offering the Application?
10.1. Fontakt shall not be liable for any costs or other damages arising from the use of the Application, except to the extent that the applicable legislation does not allow the exclusion or limitation of Fontakt’s liability.
10.2. Fontakt is not responsible for the information provided by third parties or actions performed through the Application.
10.3. Fontakt is not responsible for any possible damage resulting from the infection of the Application with a virus or malware or their spread through the Application.
10.4. In no case shall the amount of damages paid by Fontakt exceed the amount of package fees paid by the User to Fontakt for the use of the Application during the last 3 months until the moment when the User notifies Fontakt of his / her claim for damages.
10.5. Fontakt is not responsible for the processing of personal data by the User in the Application.
10.6. Fontakt reminds that in case of non-compliance with the terms of the Application, the consumer can rely on the legal remedies provided by law. Pursuant to the Law of Obligations Act in force in Estonia, if the debtor has breached the obligation, the creditor may: 1) demand performance of the obligation; 2) refuse to perform his or her due obligation; 3) demand compensation for damage; 4) withdraw from the contract or cancel the contract; 5) lower the price; 6) in the event of delay in the performance of a financial obligation, demand interest on arrears. In the case of consumer sales, the seller is liable for non-compliance with the terms of the contract which becomes apparent within two years of delivery of the thing to the buyer. In the case of consumer sales, the lack of conformity which arose within six months from the date of delivery to the purchaser shall be presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the thing or defect. In the case of a sale to the consumer, the consumer must notify the seller of the lack of conformity within two months of becoming aware of the lack of conformity.
11. What is the User’s responsibility for using the Application?
11.2. The User is an independent controller of personal data when using the Application. This means that the User must make sure and be responsible that he or she has a legal basis for contacting business contacts through the Application and that all other conditions for such processing of personal data are met. If a claim is made against Fontakt or a fine is imposed in connection with the processing of personal data by the User in the Application, the User is obliged to reimburse Fontakt in full all such claims, fines, and other possible amounts.
12. How does Fontakt process the User’s personal data?
13. Intellectual property
13.1. The application, including its content, is protected by intellectual property rights owned by Fontakt.
13.2. The User is prohibited from infringing the intellectual property rights of Fontakt and other persons, including distributing the Application or any part thereof for a fee or free of charge, and using the Application’s trademark, logo, contact information or any other markings.
14. Complaints and redress procedures, applicable law, and jurisdiction
14.2. Disputes between Fontakt and the User or between Fontakt and a third party shall be settled through negotiations. The User can address a complaint, claim, or concern to Fontakt using the contact details provided in clause 15. Fontakt will then contact the User as soon as possible, but no later than within 15 days, to find a solution to the problem. If it is not possible to resolve the complaint within the specified term, Fontakt shall justify the delay and notify the User thereof in writing or in a form that can be reproduced in writing, setting a new reasonable term. A reply will be sent to the User at the postal address or e-mail address indicated by the User, unless otherwise agreed with the User.
14.3. In the event of a question, request or complaint related to the processing of personal data, the User has the right to contact Fontakt through the e-mail address referred to in clause 15 by sending a digitally signed request, question or complaint to the indicated e-mail address or filling in the corresponding form here. The procedure for requests, questions and complaints regarding data protection is set out in Section 8 of the Data Protection Terms and Conditions of Fontakt.
14.4. If no solution is reached through negotiations, disputes will be settled in Harju County Court in Estonia.
14.5. If the applicable law does not allow the agreement to limit the applicable law to Estonian law or authority to the jurisdiction of Harju County Court, Fontakt and the User shall follow the provisions of applicable law and jurisdiction prescribed in legislation.
14.6. The Consumer User can also turn to an out-of-court complaint and dispute resolution body, which is the Consumer Disputes Commission in Estonia (e-mail email@example.com, more information on the conditions for contacting them can be found here). The consumer may also use the relevant online platform http://ec.europa.eu/consumers/odr/
15.1. If you have any questions, notices, or complaints, please contact Fontakt at Tondi tn 51-12, 11316 Tallinn, Estonia; e-mail address firstname.lastname@example.org or phone number +3726865555. Fontakt communicates with the contact person in Estonian or English