By ordering Services on the Web Portal https://icybear.io/ or https://store.icybear.io/products, the Customer enters into a purchase agreement (hereinafter referred to as "Agreement") with the Provider. These General Terms and Conditions define the content of the Agreement, especially the rights and obligations arising from it for the Provider and the Customer.
Provider:
Name: IcyBear Czech Republic s.r.o.
ID No.: 21129258
VAT ID: CZ21129258
Address: Zámostní 1155/27, Slezská Ostrava, 710 00 Ostrava
registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File 96878
Contact details:
Business address: Zámostní 1155/27, Slezská Ostrava, 710 00 Ostrava
Phone: +420 739 294 204
E-mail: support@icybear.io
Web Portal: https://icybear.io/, https://store.icybear.io/products
as the seller of services in the e-shop (hereinafter referred to as "Provider")
1.1. The General Terms and Conditions (hereinafter referred to as "Terms and Conditions") govern, in accordance with Section 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising from or in connection with the conclusion of the Agreement between the Provider and the buyer (hereinafter referred to as "Customer"). The Provider provides services through the web portal and interface at https://icybear.io/ and https://store.icybear.io/products (hereinafter referred to as "Web Portal").
1.2. The Terms and Conditions form an integral part of the Agreement. They may be supplemented or amended unilaterally by the Provider. This does not affect the rights and obligations arising before the effective date of the new Terms and Conditions.
1.3. Provisions different from the Terms and Conditions may be agreed upon in the Agreement. These provisions take precedence over the Terms and Conditions.
1.4. The Terms and Conditions are prepared in the Czech language.
1.5. All information on the processing of personal data of the Customer is contained in the Personal Data Processing Conditions, which can be found at https://icybear.io/.
2.1. E-shop - an internet shop on the Web Portal, the purpose of which is to display, select and order services.
2.2. Civil Code - Act No. 89/2012 Coll., the Civil Code, as amended.
2.3. Buyer/Customer - a natural person/self-employed natural person/legal entity who enters into a Purchase Agreement with the Provider based on an order of services made through the E-shop.
2.4. Consumer - a person who, outside the scope of their business activities or outside the scope of independent performance of their profession, enters into an Agreement with an entrepreneur or otherwise deals with them.
2.5. Order - a binding proposal made by the Customer to conclude a Purchase Agreement.
2.6. Purchase Agreement/Agreement - an agreement concluded between the Provider and the Customer based on an Order of services from the E-shop within the meaning of Section 2079 et seq. of the Civil Code.
2.7. Consumer Agreement - a Service Purchase Agreement, the contracting parties of which are the Provider and the Consumer.
2.8. Service - a service offered in the E-shop and provided by the Provider to the Customer based on the Agreement or Order. Service also means performance provided on a customized basis based on an Individual Order.
2.9. User - a person who uses the E-shop.
2.10. User Account - a part of the E-shop that is accessible to each registered User and displays individually generated data in their user interface - e.g. Orders made by them.
2.11. Registration - registration of a User in the E-shop database by filling in the required registration details.
2.12. Access Data - the User's username and password generated during User Registration.
2.13. Price/Total Price - the amount of money due to the Provider in connection with the purchase of the Service and all fees related to the Service.
2.14. IcyBear Service, IcyBear License - providing cybersecurity protection services according to the product order for end workstations, mobile phones, and tablets in the number of protected devices and for the specified period - DeviceGuard-1year-1device, FamilyGuard-1year-4devices, LoyaltyProgram-1year-24devices, MobileGuard Yearly-1device-1year, MobileGuard Monthly-1device-1month.
3.1. The Service and its presentation located on the Provider's E-shop is of an informative nature, and the Provider is not obliged to conclude an Agreement regarding the Service. The provision of Section 1732 paragraph 2 of the Civil Code does not apply, i.e., a proposal to provide a Service made through
● advertising,
● catalog
is not an offer in the sense of an obligation of the Provider to conclude an Agreement.
3.2. The E-shop contains information about the Service, including its presentation and Price indication. The Price of the Service is stated on the E-shop including value added tax and all related fees. This provision does not affect the Provider's right to agree on individual business terms when concluding the Agreement.
3.3. The Agreement may be concluded in Czech or English.
3.4. The Agreement is concluded at the moment of sending the Order through the order form by the Customer. By sending the Order, the Customer agrees to the use of means of distance communication. The costs of using means of distance communication are borne by the Customer. These costs do not differ from the basic rate that the Customer pays for using these means (internet access, telephone call rates).
3.5. In order to order the Service, the Customer fills in the order form on the E-shop, which contains especially the following information:
● identification of the Service that the Customer has placed in the electronic shopping cart by clicking on the button, or buttons, serving for this purpose, with the name "Add to Cart",
● quantity and unit Price of the Service,
● summary Price for the Services, i.e., the Price for all items in the electronic shopping cart,
● method of payment for the Service.
3.6. Before sending the Order, the Customer fills in their identification details in the form, which they are entitled to check, change or correct, including the possibility of changing a specific Service, removing it from the electronic shopping cart, adjusting the quantity of Services or the method of payment. The same applies to other input data that the Customer has entered into the Order.
3.7. By clicking on the button "I agree with the terms and conditions" before sending the Order, the Customer agrees with the effective wording of the Terms and Conditions and with the processing of personal data according to the effective Personal Data Processing Conditions. The Order is completed by clicking on the button, or buttons, serving to send the Order with the obligation to pay, with the name "Checkout" or "Pay".
3.8. The Provider considers the data received through the Order made by the Customer to be correct, complete, and true. The Provider is obliged to immediately confirm the receipt of the Order to the Customer's e-mail address or telephone number, which are provided in the order form. The confirmation of the Order includes its summary and the Terms and Conditions effective as of the date of making the Order.
3.9. By confirming the Order, the Agreement is concluded with the obligation to pay the Price of the Service by the Customer and to provide the Service by the Provider.
3.10. The Provider is not obliged to confirm the Order. These are especially cases of unavailability of the Service. In this case, the Customer's Order will be canceled by the Provider, or the Provider will contact the Customer with an offer to conclude an Agreement regarding a Service with similar properties. The Agreement is then concluded at the moment of confirmation of the Provider's offer by the Customer.
3.11. The Customer can also make an Order through their User Account. However, they are obliged to check the correctness, completeness, and truthfulness of pre-filled identification data.
3.12. If the Customer has a discount coupon, i.e., a voucher, they are obliged to fill in its code in the field "Apply your coupon" and click on the button, or buttons, with the name "Apply" to claim a discount from the Price of the Service.
4.1. The unit Price of the Service is stated including value added tax and all fees related to the purchase of the Service.
4.2. The Price for the Service is stated on the E-shop, in the Order proposal, and in the Order confirmation. In case of a discrepancy between the Price stated on the E-shop and in the Order proposal, the Price in the Order proposal takes precedence, which subsequently matches the Price contained in the Order confirmation.
4.3. The Provider requires payment of the Price for the Service before providing the Service to the Customer. The Total Price can be paid:
● by card online - payment will be made through the Stripe payment gateway under the conditions established by this payment gateway, which the Customer can find on the Web Portal https://stripe.com,
● by card online - payment will be made through the PayPal payment gateway under the conditions established by this payment gateway, which the Customer can find on the Web Portal https://www.paypal.com,
● via cryptocurrency using the CoinPayments portal, under the conditions established by this payment gateway, which the Customer can find on the Web Portal https://www.coinpayments.net/.
4.5. Any discounts provided from the Price cannot be combined, i.e., only one discount coupon can be applied for each Order.
4.6. The Agreement is effective at the moment of payment of the Total Price. The Total Price is in the case of:
● payment by card online, using the PayPal payment gateway, or cryptocurrency via CoinPayments paid at the moment of making the payment.
4.7. The Provider will issue a tax document, i.e., an invoice, for each Order, which the Customer will receive at their e-mail address specified in the Order. The Provider is a value added tax payer.
4.8. The Service is provided at the moment of performance to the Customer by the Provider.
5.1. The Provider shall inform the Customer in writing of all circumstances preventing them from providing Services according to the Order, Order confirmation, or Agreement, provided that these facts are known to them in advance.
5.2. The Provider is not responsible for interruption of providing services to the Customer in case of fault of third parties (e.g., failures or obstacles on the part of subcontractors) or force majeure (e.g., natural disaster, pandemic, or state interventions), if these circumstances could not provably be prevented, or were not caused due to negligence of the Provider.
5.3. Liabilities arising as a result of incorrect or multiple payments by the Customer will be returned to the Customer by the Provider if the amount exceeds CZK 100, or if the Service is provided to the Customer regularly, the payment will be credited to the next billing period.
5.A.1. IcyBear, as one of the few providers, assumes contractual responsibility for the functionality of its security solution. As part of the service, we provide a guarantee of protection against known and unknown threats (including zero-day), and in case of system failure due to our side's error, we cover demonstrable material damage. The guarantee amount is up to 10 million CZK. Higher limits are dealt with individually.
5.A.2. Our responsibility does not end with installation - we take it on. IcyBear provides more than just technology - we take active contractual responsibility for the functionality of cybersecurity in your environment. As part of the service delivery, we conclude an SLA (Service Level Agreement), which clearly sets out our obligations and guarantees to the customer. The goal is to make protection not only effective but also legally enforceable.
5.A.3. Key elements of the security guarantee:
5.A.4. Financial coverage - The Provider guarantees compensation for demonstrable direct material damage in case of a successful cyber attack that overcame the security mechanisms of the deployed software, up to the amount of 10,000,000 CZK (standard limit).
5.A.5. Guarantee conditions - The guarantee applies exclusively to cases where:
5.A.6. The guarantee explicitly does not apply to cases where:
6.1. The Customer is obliged to:
● inform the Provider without undue delay of any defects in the equipment and Services under the Agreement, including the need for repairs or maintenance to which the Customer is entitled,
● protect the legitimate interests of the Provider and third parties with whom the Provider cooperates,
● maintain confidentiality regarding information whose content is contrary to the Agreement, Terms and Conditions, legal regulations, or business customs,
● assert rights from defective performance of the Service without delay,
● immediately complain about incorrect billing of the Price, but no later than ... days from the date of its billing. Otherwise, this right will expire.
7.1. Based on Registration on the E-shop, the Customer can access their User Account as a User. The E-shop does not allow the purchase of a Service without Registration, so it is necessary to create a User Account.
7.2. The Customer is obliged to provide all personal data truthfully, correctly, and completely during Registration. They also have an obligation to update them in case of change.
7.3. Access to the User Account is secured by a username and password. The User is obliged to maintain confidentiality regarding their username and password. The Provider is not responsible for any misuse of user data.
7.4. The User Account is individually designated for a specific User, so it is not possible to allow its use by third parties.
7.5. The Provider may cancel the User Account in case of breach of obligations under the Agreement, including the Terms and Conditions, by the User, or if the User does not use their User Account for a period of 2 years.
7.6. The User understands that the User Account may not be available continuously, primarily due to the necessary maintenance of the Provider's hardware and software equipment, or third parties cooperating with the Provider.
8.1. Interrupted, limited, or delayed provision of the Service for reasons stated in the Agreement, Order, Terms and Conditions, or business customs cannot be considered defective performance of the Service by the Provider, and the Customer is therefore not entitled to assert rights from defective performance.
8.2. In case of causing damage by one of the contracting parties to the other, only actual damage, not potential lost profit, will be compensated to the damaged contracting party based on the Agreement and Terms and Conditions.
8.3. The Provider is not responsible for causing damage if the Customer has violated the obligations set out in the Agreement and Terms and Conditions.
8.4. The Customer is responsible for damage caused by their fault to themselves, the Provider, or a third party by providing false or incorrect data in the Order or in the Agreement.
9.1. The Provider processes personal data in accordance with 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 referred to as "GDPR").
9.2. Information on processing and protection of GDPR can be found in the "Personal Data Protection Conditions" on the Web Portal https://icybear.io/.
10.1. Rights from defective performance are governed by the relevant generally binding legal regulations, especially the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
10.2. According to Section 1914 of the Civil Code, the Provider is obliged to provide performance without defects with properties required by the Customer or usual so that the subject of performance can be used according to the Agreement, and if it is known to the parties, also according to the purpose of the Agreement. If the performance is defective, the Customer is entitled to assert rights from defective performance (hereinafter referred to as "Complaint").
10.3. The Customer is entitled to make a Complaint in case the Service has a defect or does not meet any of the conditions stated in point 10.2. of this article of the Terms and Conditions. The Customer is entitled to make a Complaint only in case of discrepancy between the provided performance and the Agreement, not the result of the Service.
10.4. If the Provider guarantees the result of the Service in the Agreement, the Customer is also entitled to make a Complaint in case of discrepancy between the result of the Service and the Agreement.
10.5. According to Section 1921 paragraph 1 of the Civil Code, the Customer is obliged to first point out the defect of the Service without undue delay after the Customer had the opportunity to discover the defect, either by identifying the defect or by notifying how the defect manifests itself, but no later than six months from the date of providing the performance by the Provider.
10.6. The Customer can point out the defect of the Service via e-mail support@icybear.io, or in person at the address of the Provider's business premises.
10.7. When making a Complaint, the Customer is obliged to choose how the Complaint should be resolved, and the choice already made is binding and cannot be changed without the Provider's consent. The Complaint will subsequently be resolved by the Provider in accordance with the method chosen by the Customer.
10.8. If the Service has a defect, the Customer has the right to:
● provision of a replacement Service,
● repair of the result of the original Service,
● reasonable discount from the Price of the Service,
● withdrawal from the Agreement.
10.9. Change in the method of resolving the Complaint is possible in case the Customer requested the removal of the defect by repairing the original Service, which proves to be irreparable.
10.10. The Provider is entitled to refuse to remove the defect by repairing the Service if the defect proves to be irreparable or its removal would be disproportionately expensive, especially with regard to the significance of the defect and the value that the Service would have without the defect.
10.11. The Customer has the right to withdraw from the Agreement or to a reasonable discount from the Purchase Price if:
● the Provider refuses to remove the defect by repairing the Service,
● the same defect of the Service appears repeatedly,
● the defect represents a substantial breach of the Agreement,
● the Provider did not remove the defect by repairing the Service within a reasonable time.
10.12. The Customer is not entitled to withdraw from the Agreement if the defect of the Service is insignificant.
10.13. The Customer is not entitled to make a Complaint about the Service if they caused the defect of the Service by their fault or if they knew about the defect of the Service at the time of its provision.
10.14. When making a Complaint, the Customer will be issued a written confirmation by the Provider containing especially:
● date of making the Complaint,
● content of the Complaint - specification of the Service, including description of the defect,
● method of resolving the Complaint, which is requested by the Customer,
● contact details of the Customer for the purpose of providing information on the resolution of the Complaint by the Provider.
10.15. The period for removing the defect by repairing the Service is 30 days from the date of making the Complaint, unless the contracting parties agree otherwise. The period is interrupted if the Provider has not received all the documents needed to resolve the Complaint, until they are received from the Customer.
10.16. The Customer will be informed about the resolution of the Complaint by the Provider via the provided e-mail address or telephone number. The Provider will subsequently issue to the Customer a confirmation of the date and method of resolving the Complaint.
10.17. Making a Complaint does not have a suspensive effect against the amount of the charged Price for the Service, and the Customer is obliged to pay the charged Price in full by the due date set by the Provider. In case of positive resolution of the Complaint, the Customer has the right to a refund of the overpayment from the Price or the right to a reduction of the Price.
11.1. Withdrawal from the Agreement by the Consumer is governed by Sections 1829-1837 of the Civil Code.
11.2. In case of conclusion of the Agreement by distance means or outside the business premises of the Provider, i.e., through the E-shop or another means of distance communication, with the exception of cases stated in Section 1837 of the Civil Code, the Consumer has the right to withdraw from the Agreement within a period of 14 days from the conclusion of the Agreement.
11.3. In case of regular delivery of the Service, the 14-day period begins to run from the day of conclusion of the Agreement.
11.4. The Consumer will notify the E-shop of the withdrawal from the Agreement in writing to the address of the E-shop's business premises or electronically to the e-mail address support@icybear.io.
11.5. If the Consumer withdraws from the Agreement, they do not bear any costs. Legal effects of withdrawal from the Agreement occur on the day of its delivery to the Provider.
11.6. The E-shop will return to the Consumer without undue delay, but no later than 14 days from withdrawal from the Agreement, all funds that it received from them based on the Agreement, in the same manner. In case the Consumer agrees, the E-shop will return the received funds to them in another manner, provided that the Consumer does not incur additional costs.
11.7. The Consumer is not entitled to withdraw from the Agreement in the following cases:
● The Service has been fully provided,
● in the provision of a Service for payment, if performance has begun with the Consumer's prior express consent before the expiry of the period for withdrawal from the Agreement, and the Provider has informed the Consumer before concluding the agreement that by providing the performance, the right to withdraw from the Agreement will expire,
● The Price of the Service depends on fluctuations in the financial market independently of the Provider's will and which may occur during the period for withdrawal from the Agreement,
● in case of urgent repair or maintenance to be carried out at a place designated by the Consumer at their express request, this does not apply to carrying out repairs other than requested,
● in accommodation, transportation of Goods, rental of a means of transport, catering, or use of leisure time, if according to the Agreement, it is to be provided on a certain date or in a certain period,
● an Agreement concluded on the basis of a public auction according to another law, in which the Consumer can be physically present.
12.1. Real photographs and videos published on the E-shop are copyrighted works within the meaning of Section 2 of Act No. 121/2000 Coll., the Copyright Act, as amended (hereinafter referred to as the "Copyright Act"),
12.2. Photographs and videos created directly by the Provider are their copyrighted work, thus they have all rights to them under the Copyright Act. Photographs and videos made by a professional photographer, provided by a supplier, subcontractor, or manufacturer are used based on a granted license.
12.3. Copyright cannot be infringed by a third party without a granted license, i.e., photographs and videos are not intended for free use. Otherwise, the Author is entitled to seek copyright protection.
12.4. Illustrative photographs and videos published on the E-shop are used based on a granted license from their Author, including the consent of persons depicted in them, or they are materials intended for free use by the public.
12.5. The Provider exercises in their name and on their account property rights to the work, i.e., to Provision of IcyBear services, within the meaning of the Copyright Act, which was created for the purpose of fulfilling obligations for the Provider arising from the Order and Agreement.
12.6. By purchasing the Service, the Customer is provided with a personal, non-exclusive, geographically unlimited, and time-limited license to use the Service. This license is non-transferable and cannot be assigned to a third party.
12.7. The Customer is not entitled to provide the license to third parties, as well as to sell, rent, or assign or make the Service accessible.
12.8. All rights concerning the content of the Service, especially trademarks, design, software, graphics, sounds, etc., including its individual parts, represent the exclusive property of the Provider. The Customer is not entitled to provide a license, sublicense, copy, modify, or create composite or derivative works from the content of the Service.
12.9. The Customer is obliged to use the Service in accordance with the Agreement, Terms and Conditions, and legal regulations.
13.1. A complaint about the procedure of the E-shop, which concerns, for example, partial provision of the Service, delayed return of the Price in case of withdrawal from the Agreement, or rejection of a complaint about the Service, can be sent by the Consumer to the e-mail address of the E-shop support@icybear.io. The list of possible situations when it is appropriate to first contact the Provider is of course broader, especially in the area of providing the Service, discount from the Price, resolving complaints about the Service, and other matters directly related to the Order. The Provider will inform the Consumer about the resolution of the complaint via their e-mail address.
13.2. A complaint to the Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, web portal: http://www.coi.cz, can be submitted by the Consumer via the web form: https://www.coi.cz/podatelna, or in person or in writing at the relevant branch, for reasons contained in Act No. 634/2012 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
These include, for example, the following cases:
● The Provider does not issue to the Consumer a document on the acceptance of the Complaint or on the method of its resolution,
● The Provider does not resolve the Complaint within 30 days, respectively in the extended period, which they agreed upon with the Consumer,
● The Provider does not inform the Consumer about their rights when asserting a Complaint or about their rights in case of discrepancy between the received Service, or the result of the Service and the Agreement,
● The Provider does not issue to the Consumer, even upon request, a document on the purchase of the Service containing all requisites,
● The E-shop uses unfair business practices consisting, for example, in providing false information about the offered Service, which has a fundamental impact on the Consumer's decision regarding its purchase,
● The Provider does not mark the Service with the Price.
13.3. The Czech Trade Inspection Authority is competent for out-of-court resolution of consumer disputes from the Agreement according to the Consumer Protection Act. The platform, which can be found on the web portal: http://ec.europa.eu/consumers/odr, can be used for the purpose of resolving disputes between the Provider and the Customer, who is a Consumer, from an Agreement on the purchase of a Service concluded by electronic means of distance communication.
13.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, web portal: http://www.evropskyspotrebitel.cz, provides information about Consumer rights on the European market, including free help and advice concerning disputes of Consumers with E-shops from other states of the European Union, Norway, and Iceland.
13.5. The Provider is bound by codes of conduct in relation to the Consumer, which the Provider voluntarily adheres to.
14.1. Delivery of all information and documents takes place through electronic means of communication, at a distance, i.e., User Account, e-mail, telephone number.
14.2. By creating and sending an order concerning the purchase of the Service, the Customer confirms that they have read the Terms and Conditions, and that they express agreement with them in full extent through the web form.
14.3. The Agreement can be changed only based on a written agreement between the Provider and the Customer.
14.4. If the Agreement or the legal relationship arising from it contains an international element, for example, providing the Service outside the territory of the Czech Republic, the rights and obligations between the contracting parties will always be governed by the law of the Czech Republic. In case the Customer is in the position of a Consumer, their rights are not affected by the previous sentence.
14.5. In case of a change in the Terms and Conditions, the Provider will publish new Terms and Conditions on the Web Portal. However, this change will not affect the rights and obligations arising from Agreements concluded before the effective date of the new Terms and Conditions.
14.6. In case of regular delivery of the Service, the new wording of the Terms and Conditions will be sent to the Customer's e-mail address no later than 14 days from the effective date of the new Terms and Conditions. If the Customer does not send to the Provider a termination of the Agreement for regular delivery of the Service within 14 days from the delivery of the new wording of the Terms and Conditions, the new Terms and Conditions become part of the Agreement, and will apply already to the first delivery of the Service following the effective date of this change. In case the Customer exercises the option to terminate the Agreement, the notice period is 2 months.
These Terms and Conditions take effect from May 1, 2025.
