GENERAL TERMS AND CONDITIONS
Regarding the Usage of the Visual and Literary ART Club Cultural Association’s
GalleryTool System

I.
SCOPE OF THE AGREEMENT
1. The Visual and Literary ART Club Cultural Association (hereinafter referred to as
“Association”) in order to achieve the objectives set out in the Statute of the Association,
and by fulfilling its role, has developed the software named “GalleryTool System”
(hereinafter referred to as “GalleryTool System”), the usage of which shall be granted to
the sponsors of the Association.
2. The conditions of usage of the Visual and Literary ART Club Cultural Association’s
GalleryTool System are contained within the present General Terms and Conditions
(hereinafter referred to as “GTC”).
Based on the present contractual document, the Association shall provide the use of the
GalleryTool System to the User (hereinafter referred to as “User”), who shall be obliged
to comply with its provisions.
The technical information which is necessary for the usage of the GalleryTool System and
is not contained within the present GTC, shall be available on the gallerytool.com
website.

II.
ESTABLISHMENT OF THE AGREEMENT
3. The User may enlist the services of the GalleryTool System by filling out the online
order form on gallerytool.com, and by sending it through clicking on the “Sign up” button
to the Association. By clicking on the “Sign up” button, the Agreement of Usage shall be
established. During the fill-out of the online order form the User shall provide the
required user data, the selected Service Bundle, the duration of the Subscription
Agreement, the intervals of payment, and the e-mail address through which the
Association shall receive the User’s notifications regarding GalleryTool System usage.
The language of the Agreement of Usage shall be English. The Agreement of Usage shall
not be considered a written agreement, the Association shall not register it, therefore it
shall later not be accessible, nor consultable. Before the Agreement of Usage is
established, the User shall have the possibility of correcting the errors that may arise
during the entering of user data (“modifying the order form”) on the online interface of
gallerytool.com. For example, the clerical errors that arise during the fill-out of the online
order form shall be considered data entry errors.
Subsequent to the registration process the Association shall grant usage on the trial
version of the GalleryTool System for 7 (seven) calendar days free of charge. In case
within 7 (seven) calendar days no subsidy is transferred in the amount corresponding to
any of the current service packages appearing on the GalleryTool.com website, the User
and his or her data shall be deleted.
4. The GalleryTool System and all written or electronic documentation, file or any
component related to it are subject to protection by the relevant legal provisions and
conventions regarding intellectual property. The User shall only be entitled to the right of
usage, and not to proprietary rights, pertaining to the provisions of Article VI of the GTC.

III.
DURATION OF THE AGREEMENT
5. The Agreement of Usage shall enter into force for the fixed-term duration specified on
the order form. Once expired, the Agreement of Usage shall be automatically extended
for the same fixed-term duration as specified on the order form, without any further
declarations, as long as either of the contracting parties does not terminate the
Agreement of Usage before the occurrence of the effective date, and the subsidy due for
the subsequent term is wire-transferred to the bank account of the Association, or an
online subscription is started.
6. The non-occurrence of a notice of termination shall be regarded explicitly by the
contracting parties as a legal statement intending to uphold the Agreement of Usage.

IV. CONTENTS OF THE AGREEMENT
7. The primary condition for the usage of the GalleryTool System is the preliminary
payment of the subsidy as described within Article V of the GTC. The sum of the subsidy
shall be considered as contribution to the coverage of the costs that may ensue during
the maintenance and development of the GalleryTool System.
The Association shall grant the usage of the GalleryTool System to the User within 5 (five)
working days by sending the necessary system identification data to the User, but only
after the completion of the registration process and the bank transfer of the subsidy
occurs (i.e. the day of credit entry on the Association’s bank account).
8. The system identification data for the usage of the GalleryTool System shall be
provided by the Association to the User. In each case, the system identification data is
exclusively assigned to one particular User only.
9. In regard to the GalleryTool System, the Association shall provide the User with
assistance, rights of usage, and access.
Based on the Agreement, the User shall be entitled to the usage of the GalleryTool
System, including the right to disclose/publicize the database created through the
software.
10. By the termination of the Agreement of Usage due to any reason – including the
expiration of the fixed-term stipulated on the order form – the Association shall
simultaneously terminate the right of service usage, as well.
11. The GalleryTool System is an online software. The access to the GalleryTool System
shall be provided by the Association through the Internet, and the User shall have the
possibility of choosing the time and place of usage individually. The GalleryTool System
shall be available on every calendar day of the year, from 00:00 to 24:00 hours, and the
Association shall guarantee the availability of the service at a rate of 98{cab1c5c159e1ff5b2e4ba0de3294f5aea422cb0c878448bcb9422f7829e1b77e} (ninety-nine
percent) yearly.
12. The provision of the Client equipment necessary for the usage of the GalleryTool
System shall be the User’s obligation, and its costs shall be borne by the User. The
software shall be provided by the Association on a Cloud platform.
13. The right of usage of the GalleryTool System for the stipulated fixed term shall be
granted by the Association solely if the subsidy described within Article V of the GTC is
paid in advance.
14. The Association shall have the right of performing maintenance work on the
GalleryTool System, if deemed necessary. During the performance of the maintenance
activities, the access to the GalleryTool System shall be suspended. The Association shall
inform the User through the e-mail address provided on the order form about the planned
maintenance activities at least 3 (three) working days in advance. In case of unplanned
maintenance activities, or planned maintenance activities that have a duration of 15
minutes or less, the Association shall not have the obligation of disclosure.
15. The User shall acknowledge that the Association shall perform its obligation of
disclosure through the electronic contact method (e-mail address) specified on the
order form. The User shall be constantly reachable through the e-mail address
specified on the order form. For the damages resulting from the User’s failure to meet
this obligation, the Association shall not be held responsible in any way.

V. SUBSIDY
16. The User shall pay a subsidy for the usage of the GalleryTool System, a sum that is
meant to cover the costs that may ensue during the operation and development of the
system. This subsidy shall be paid in advance as a one-time charge through bank
transfer or online payment.
17. The amount of the subsidy shall be a fixed sum calculated for the given service
period. Value Added Tax is not included into the amount of the subsidy appearing on the
order form.
18. The Association shall be entitled to unilaterally modify the sum of the subsidy once a
year, and the amount of the modification shall not exceed 20{cab1c5c159e1ff5b2e4ba0de3294f5aea422cb0c878448bcb9422f7829e1b77e} (twenty percent) of the
previous year’s subsidy.
19. The subsidy shall be paid in advance as a one-time charge.

VI. RIGHTS OF USAGE
20. The User may utilize the GalleryTool System for his or her purposes only.
21. The GalleryTool System shall not be made available, neither as possession nor as
application etc., to third parties under any legal title, neither free of charge nor by
contract for value. This restraint shall not be applicable to the usage of the database
created by the User through the utilization of the GalleryTool System (e.g. online product
catalogue, webshop)
22. The GalleryTool System software is the intellectual property of the
Association. For his or her individual purposes, the User may generate a safety copy of
the database created through the usage of the software.
23. The conversion, the decryption, and the analysis of the internal structure of the
software are strictly forbidden. The modification by circumvention of the software
through external devices or the structural analysis of the data pool used by the software
are also strictly forbidden.
24. All legal titles regarding the software and all of its versions shall be held by the
Association. All rights that have not been assigned explicitly by the present Agreement
shall be reserved by the Association.
25. The Association shall provide the User with the non-exclusive usage right of the
GalleryTool System software’s basic program only, thus the GalleryTool System shall be
utilized exclusively by the User for lawful purposes only, in accordance with the provisions
stipulated by the Agreement of Usage.
26. Beyond the contractually stipulated usage, the following activities shall be forbidden:
– distribution of the software,
– utilization of relevant or even irrelevant parts of the GalleryTool System with the
purpose of conducting identical or similar activities,
– utilization of relevant or even irrelevant parts of the GalleryTool System with the
purpose of creating software similar to the GalleryTool,
– adaptation, processing, translation, modification, performance of structural analysis
exceeding legally stipulated usage level, source code creation of the software,
– usage that infringes or endangers the intellectual property rights, rights, and
legitimate interests of the Association.
27. The GalleryTool System may be lawfully utilized by the User only, his or her rights
shall not be assignable. In regard of the usage of the GalleryTool System, all persons
employed by the User, or being in any other employment-related legal relation with the
User, shall be considered Users and not third parties.
28. The Association shall be entitled to restrict or suspend the usage of the GalleryTool
System, in case of noticing that the usage of the GalleryTool System’s services occurs
through unlawful methods by breaching, evading or misusing the rules stipulated within
the Agreement of Usage or within the applicable law.

VII. CONFIDENTIALITY
29. The contracting parties are fully aware of the nature and importance of certain types
of confidentiality, as well as the relevant legal provisions, and the special requirements
resulting from the present legal relation. In this regard, the contracting parties shall
assume the maintenance of the secrecy of all confidential information, by not misusing
any part of it, by not disclosing it to third parties, and by taking every necessary
measure for the protection of the aforementioned types of confidentiality. The
contracting parties shall be obliged to make proper use of their rights and obligations
originating from the present Agreement.

VIII. DATA PROTECTION
30. By accepting the GTC, and by virtue of the adequate information, the User shall
voluntarily acknowledge that the Association shall be entitled to manage the personal
data given by the User or related to the User, in accordance with the legal provisions.
The Association shall manage with strict confidentiality all data related to the User or
recorded by the User within the GalleryTool System, and with the exception of legally
prescribed or state authority-ordered data reporting, this information shall not be
transmitted to third parties.
Throughout the management of and in the interest of protecting personal data, the
Association shall proceed as data controller according to the following Acts of the
Hungarian legislation:
– Act CXII of 2011 on information self-determination and freedom of information
– Act VI of 1998 regarding the Promulgation of the Convention for the Protection of
Individuals with Regard to Automatic Processing of Personal Data, as adopted in
Strasbourg on the 28th of January, 1981.
– Act CVIII of 2001 on certain issues of electronic commerce activities and information
society services
– all other current Hungarian laws regarding data management.
31. The GalleryTool System shall store all the data of the User in a central database. If
the database file is damaged, all data recorded by the User within the GalleryTool
System may be lost. The Association has explicitly called the User’s attention to the
above-mentioned situation, and has suggested that the User create a safety copy on a
daily basis. The data stored within the GalleryTool System may also be saved by the
Association.
32. The software shall store the database on the server-side in coded form, and on the
client-side after login in uncoded form. The adequate protection of the external data
carrier and of the server machine shall be assured by the User.
33. The Association shall take every measure necessary in order to solve all known
issues. Therefore, considering that the damages resulting from or related to data loss
can be prevented by regularly created safety copies, in case data loss occurs due to an
unknown (or shortly known) software error or any other reason, the Association shall not
be held liable for any errors, loss of or recoverability of data.
IX. TERMINATION OF THE AGREEMENT
34. The Agreement of Usage shall enter into force for a fixed term. The Agreement of
Usage shall be terminated after the expiration of the fixed term, in case the User does
not pay the subsidy in advance for the subsequent term prior to the expiration of the
previous one.
35. Subsequent to the termination of the Agreement of Usage, the User shall not be
entitled to utilize the Program further on.
36. In case the User does not intend to extend the validity of the fixed-term Agreement
before its expiration by rendering the payment of the subsidy for the subsequent term,
then he or she shall be responsible for the exporting (saving) of the data uploaded by
him or her into the System, on his or her expenses, before the date of expiration.
Subsequent to the expiration of the Agreement, the software shall become unusable
without the proper identification.
37. In case the User does not comply with the provisions of Paragraph 33, and he or she
asserts a claim on the data stored within the software, he or she may request a
temporary system identification from the Association, through which he or she shall be
entitled to use the GalleryTool System for 48 (forty-eight) hours.
38. The Association shall preserve the data stored within the GalleryTool System for 1
(one) calendar month after the termination of the Agreement, subsequent to which the
data shall be deleted.
39. The Association shall not be liable for the recoverability of deleted data.

X. LIABILITY
40. The User shall be liable for the operations performed with his or her system
identification, and for the safeguarding of this system identification’s password. In this
regard, the Association shall be exempt from any liability.
41. The Association shall have the obligation of assuring the proper functioning of the
GalleryTool System throughout the validity of the Agreement. The Association shall not
be burdened with this obligation in case the errors of the software occur due to force
majeure, accident or abnormal use.
42. The contracting parties shall acknowledge that the Internet is not safe and no attack
can be anticipated. The Association shall take every measure necessary in order to close
the possible security gaps, yet in this regard it shall not bear any liability.
43. The Association shall not be liable for any damages resulting from the use of the
software, with special regard to business activity interruption, loss of business profit, loss
of data, and loss of information.
44. The Association shall guarantee the legitimacy of the service utilized by the User.
Third parties shall not be entitled to any rights that might restrict, hinder or exclude the
User’s acquisition of rights in accordance with the Agreement of Usage.
45. In case the User violates any rule regarding the usage of the GalleryTool System, and
thereby the Association is prejudiced, the User shall have the obligation of repairing the
damages completely.
46. If in accordance with Paragraph 27 the service is lawfully utilized by designated third
parties apart from the User, the liability for the conduct of the third parties shall be borne
by the User as if it were his or her own, due to the fact that the Association has no direct
legal relation with third parties. In case the User was not legally entitled to render access
to third parties regarding the usage of the GalleryTool System, the User shall also be
liable for the damages that may not have occurred otherwise.
47. The User shall acknowledge that the breach of the rules regarding the usage of the
GalleryTool System’s services may result in civil and criminal charges.
48. The Association shall not be held liable for the damages sustained by the User due to
rendering erroneous or incomplete data, and may furthermore assert claims against the
User regarding the reparation of the resulted damages. The User shall have the obligation
of informing the Association immediately in writing in case changes within the User’s data
occur. The Association shall not be held liable for the damages sustained by the User due
to non-compliance with the above-mentioned obligation, and may furthermore assert
claims against the User regarding the reparation of the resulted damages.

XI. MISCELLANEOUS AND FINAL PROVISIONS
49. The contracting parties declare that any infringement of the Association’s intellectual
property rights shall be regarded as material breach of the Agreement, due to which the
Association shall be entitled to immediately terminate the Agreement.
50. The contracting parties declare that all communication regarding the present
Agreement shall be performed in writing. The User shall acknowledge that all
declarations sent by the Association to the e-mail address given on the order form, shall
be considered as communicated after 5 (five) working days from the day of sending.
51. The contracting parties shall acknowledge that throughout the duration of the
present Agreement, errors regarding the scope of the Agreement might occur. The
contracting parties shall cooperatively take every measure necessary in order to remedy
the consequences of these errors, and to prevent their reoccurrence.
52. By signing the present Agreement, the User shall consent to the Association being
entitled to show the name of the User and the existence of the present legal relation
unrestrictedly on the Association’s website and publications, for exclusively referential
and informational purposes.
53. The contracting parties shall have the obligation of settling all disputes arising from
the present Agreement or in connection therewith, through peaceful means, primarily by
personal consultation and reconciliation. For the solution of the possible legal disputes,
with regard to their respective value, the contracting parties shall appoint the exclusive
competence of the Debrecen District Court, as well as the Debrecen Regional Court
(Hungary). This agreement is governed by the laws of Hungary.
54. The Association may unilaterally modify the Agreement of Usage. The Association
shall inform the User regarding the modifications through a notice posted on the
Association’s gallerytool.com website by at least 30 (thirty) calendar days before the
effective date. In case the modification does not prejudice the rights of the User, nor does
it encumber his or her obligations furthermore, the Association shall not have the
obligation of complying with the 30 (thirty) calendar day notification period.
In case the modification prejudices the rights of the User, as well as it renders his or her
obligations to be encumbered furthermore, and the User does not intend to accept the
modification, then the User shall be entitled to terminate the Agreement of Usage without
any legal consequences within 15 (fifteen) calendar days from the delivery of the notice,
for the day prior to the effective date of the modification. The notice shall be considered
as delivered after 5 (five) calendar days from the moment of disclosure. In case the notice
of termination does not occur within the above-mentioned time period, then this shall be
considered a legal disclaimer accepting the unilateral modification of the Subscription
Agreement. In case the modification does not prejudice the rights of the User, nor does it
encumber his or her obligations furthermore, then the User shall not be entitled to initiate
the termination.