Terms and Conditions of NUMIQ - Project Calculator


Clause I - Definition of basic terms

In addition to the terms used in the introduction to these OPs and in other provisions of these OPs, the following terms (called legislative abbreviations) will have the meanings set out below:

  1. "Application": the Web Application and the Mobile Application.
  2. "Copyright Act": Act No. 185/2015 Coll., the Copyright Act, as amended.
  3. "Price List": the price list of the Company's Services available at https://app.numiq.com/.
  4. "Availability": the state in which the functions of the Application are available to the User according to the parameters and under the conditions defined in these OP.
  5. "Free": a program of the Application with limited functionality, i.e. hidden calculation items, not allowing to add own calculation items, allowing to save maximum 1 calculation during the use of the Application, without the possibility of sharing the calculation. More detailed information about the Free Program is available on the Website.
  6. "Information": all information, data, documents and data that the User has electronically stored through the Application on the Server for the purpose of digitally collecting, processing, archiving, exporting and otherwise using the Services through the user interface of the Service via the Account.
  7. "License": the consent granted by the Company to the User to use the Application within the scope of the selected Program in the manner set forth in these TOU.
  8. "Mobile Application": a form of the Web Application that can be used on a mobile device, whereby the Mobile Application may have limited functionalities compared to the Web Application and the User must have created a user account to use it in accordance with these T&Cs. In particular, it allows the User to download it free of charge from online stores (apple store, google play), to register for it and to use the Services. 
  9. "Commercial Code": the Commercial Code Act No. 513/1991 Coll. as amended.
  10. "Civil Code": Act No. 40/1964 Coll., the Civil Code, as amended. 
  11. "T&C": these terms and conditions. The current and effective version of these T&Cs is also available on the Website. 
  12. "Open X": a program of the Application with extended functionality for a selected number of days, i.e. with visible calculation items, allowing the addition of custom calculation items, allowing the storage of a program-defined number of calculations depending on the program number, with the possibility of sharing the calculation. More detailed information about the Open X program is available on the Web site.
  13. "User": a natural or legal person who has registered with the Application using the procedure specified in these T&Cs.
  14. "Paid Content": a collective term for the paid programs of the Open X Application and Profi X.
  15. "Renewal": the continuation of the Subscription Period of the same Program, which occurs by selecting a paid version by selecting the same Paid Content and paying a new Subscription Fee. Renewal takes effect on the last day of the Subscription Term.
  16. "Program": a collective term for the Free, Open X and Profi X Application Programs.
  17. "Subscription Fee": has the meaning set forth in Article V, Section 2 hereof.
  18. "Subscription Period": the period of access and entitlement of the User to use the Open X or Profi X functionality specified by the User, for which the User has paid the Subscription Fee in accordance with these TOS. 
  19. "Profi X": a program of the Application with full functionality for a selected number of days, i.e. with visible calculation entries, adding custom calculation entries, allowing the storage of a number of calculations defined by the program depending on the program number, with the possibility of sharing the calculation, with the possibility of sending the calculation to the User's customer using the header and the User's logo as the sender of the calculation.  More detailed information about Profi X is available on the Website.
  20. "Registration Form": the form available on the Application which constitutes the User's binding order to the Company to use the Program.
  21. "Server": one or more cloud servers provided by the Company, through third parties, on which the software resources for the use of the Application are hosted.
  22. "Support Services": technical support and maintenance of the Application.
  23. "Services": the services provided through the Application, as further specified on the Website.
  24. "Company": the company NUMIQ s.r.o., with its registered office at Kominárska 1552/3A, Bratislava - municipal district Nové Mesto 831 04, Slovak Republic, ID No. 55 880 592, registered in the Commercial Register maintained by the Municipal Court of Bratislava III, Section Sro, Insert No. 174081/B, which is the holder of the property rights to the Application. 
  25. "Consumer": a User who is a natural person and who is not acting in the course of his trade or other business when concluding and performing the Contract.
  26. "Co-operation": the User's activity which is necessary and appropriate for the proper performance of these OPs and the Contract, consisting in particular in the provision by the User of all necessary data, documents and data which may reasonably be requested by the Company for the purpose of the proper performance of the subject matter of these OPs and the Contract and in such other activity as may prove to be expedient for the performance of the subject matter of these OPs and the Contract.
  27. "Account": means each User's virtual space on the Server for the purpose of using the Services subscribed for by the User through the Program, to which the User has exclusive access. 
  28. "User Support": the electronic maintenance and support service provided by the Company to the User for the use of the Application. 
  29. "Web Application": the software application available on the Website.
  30. "Website": the website available at https://numiq.com/.
  31. "Consumer Protection Act": the Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts.
  32. "Program Change": a change of Program that occurs by selecting a Program other than the one you have been using and paying the Subscription Fee (in the case of Paid Content). A Program Change occurs on the date the Company's Program Change request is made and the Subscription Fee is paid. Upon a Program Change from a higher to a lower Program, the User shall also have access to the previous Programs with Paid Content until the end of the Subscription Period of the previously used Programs.
    "Contract": the contract for the use of the Application and the Services, the content of which is contained in these TOS and which is created by acceptance thereof. 
    "Parties": jointly the Company and the User. 

Clause II - Introductory Provisions - Subject matter of the Contract 

  1. These T&Cs govern all obligations and all mutual rights and obligations of the Parties arising out of or in connection with the conclusion of the Contract (Article I, Clause 33 of these T&Cs).
  2. The Company provides the Services to the User through the Application (Article I Clause 1 of these T&Cs) (Article I Clause 23 of these T&Cs).
  3. By concluding the Contract:

1. The Company undertakes:

  1. make the Application available to the User on the Servers and allow the User to use the Application in the manner set out in Article III or Article IV of these TOS and grant the User a License to the Application for the duration of the Agreement; and
  2. provide maintenance and functionality of the Application to the User to the extent provided in these TOS,

1. The User undertakes to:

  1. use the App solely within the scope of the App License; and
  2. pay the Subscription Fee when using Paid Content.

Clause III - Conclusion of the Contract and Registration 

  1. The Parties enter into the Agreement electronically in the manner and on the terms and conditions set out in these T&C. Before starting to use the Services, the User is obliged to provide his/her email address, any password meeting the security standards set by the Company and to express his/her consent to these T&C by confirming them in the Application. By agreeing to these T&C, the User confirms that he/she has read, understands and agrees to their wording, the rights and obligations of the Parties and the terms and conditions of use of the Application in their entirety. Without acceptance of the T&Cs by following the procedure under this clause, it is not possible to use the Services. The Contract shall be deemed to be validly concluded at the moment when the Company receives the User's acceptance of these OPs, in the manner specified in the Application. Upon successful creation of an Account, the Company will deliver to the User at the email address provided by the User when creating the Account a confirmation email, the content of which will include these T&C.
  2. The User may use the Services without the Program in a limited mode or choose a specific Program depending on its available functionalities.
  3. If the User chooses a Program, he/she is obliged to register in the Application by completing the Registration Form. The User is obliged to provide the following information when registering:
  4. the name and surname of the person carrying out the registration,
  5. e-mail address, 
  6. any password meeting the security standards set by the Company,
  7. payment details, i.e. card number, cardholder's name, month and year of expiry of the card, CVC code (valid only for Paid Content Users), 
  8. other data about the User required by the Company, in particular, but not limited to: company name, registered office, User's ID number, VAT number, VAT number if assigned (not valid for Consumer).

Upon successful registration, the Company will deliver a confirmation email to the User's email address provided in the Registration Form.

  1. The user is obliged to provide up-to-date, true, correct and complete information when registering. In the event that the User fails to provide up-to-date, true, correct or complete information, the Company shall not be obliged to supply the Services to the User and shall be entitled to cancel or block the User's Account. The User is responsible for the truthfulness, correctness and completeness of the data throughout the duration of his Account. In the event of a change of data, the User is obliged to update the data in his Account without undue delay.
  2. All registrations may be subject to inspection by the Company, which is entitled to check and assess whether the User complies with the terms of use of the Services. The Company reserves the right not to accept the registration or to cancel the Account without giving any reason.
  3. The place of performance of this Agreement is the Server provided by third parties, which hosts all software for the use of the functions of the Application and the Information. 

Clause IV - Account

  1. Upon successful registration, the User shall be granted a User Account under which he/she is entitled to use the Services in the Application, in accordance with the terms of these T&C, generally applicable laws and regulations and good manners. 
  2. Access to and use of the Account is secured through a combination of username and password chosen by the User as instructed by the Company, and the User agrees not to disclose his/her own Account access details to any third party and shall take all steps necessary to protect such details.
  3. The Account shall be linked exclusively to a specific User. 
  4. The User is responsible for the protection of his Account, email and password and shall notify the Company without undue delay of any suspected breach of security (e.g. through unauthorised use of the Account, email and password). 
  5. The Account shall terminate:

1. voluntary cancellation of the Account by the User,
2. cancellation of the Account by the Company pursuant to these T&C, 
3. the dissolution of the legal entity of the User or the Company without legal successor,
4. the moment when the provision of the Services by the Company is completely terminated.

Clause V - Payment Terms

  1. The user is entitled to use the Free program free of charge. The period of use of the Free Program starts from the moment of Registration. 
  2. The User is entitled to use the Open X or Profi X program for a fee set out in the Price List (hereinafter referred to as the "Subscription Fee"). To use Open X or Profi X, the User selects the paid version by selecting the specific Program and its scope as set out in the Price List (hereinafter referred to as the "Subscription Period"). 
  3. Upon expiration of the Subscription Period, unless there is a Renewal or Program Change, the User's Account will not terminate; only the Free Program will be renewed.
  4. The User is entitled to change the Program he/she is using while using the Service. The effectiveness of the change of Program shall take effect and any new Subscription Fee shall be charged immediately, i.e. on the date of the change of Program. Until the expiry of the period of the original Subscription paid, the User shall have access to the original Program in addition to the new one. 
  5. The User agrees to pay the Subscription Fees to the Company throughout the term of the Account (except for the Free Program). 
  6. The Subscription Fee is payable in advance at the latest at the commencement of the Subscription Period, and the User has the option to choose the length of the Subscription Period. The User agrees to pay the Subscription Fee through a payment gateway using a payment card, PayPal, Google pay or Apple pay or any other payment method designated by the Company. The User acknowledges that payment gateways are operated by a different entity than the Company and the transfer of Subscription Fees is governed by the payment gateway service provider's own terms and conditions. 
  7. The Company shall issue the User with a receipt for payment of the Subscription Fee for the relevant Subscription Period immediately upon payment of the Subscription Fee and subsequently upon Renewal or Change of Program. The date of delivery of the electronic invoice shall be deemed to be the date of delivery of the electronic invoice to the User's email address provided by the User when registering for the Account.
  8. The User hereby expressly agrees to the sending of electronic documents of payment of the Subscription Fee within the meaning of Section 71(1)(b) of Act No. 222/2004 Coll. on Value Added Tax, as amended, to the User's e-mail address provided by the User when registering the Account.
  9. The User confirms that he/she has access to the e-mail address he/she provided upon registration.
  10. The User shall promptly notify the Company in writing of any change of e-mail address. The Company shall not be liable for any damages arising from the User's failure to notify the Company in a timely manner of any change of email address.
  11. The Company shall be entitled to cancel the User's Account if the User, even after prior written notice (electronically shall be sufficient) to the Company, fails to eliminate the conduct by which the User violates these T&C. The cancellation shall take effect upon the expiration of the time limit for elimination of such conduct. The paid Subscription Fee shall not be refunded to the User.
  12. The Company shall be entitled to cancel the User's Account if the User so requests. Cancellation shall take effect upon the expiration of the Subscription Term. 

Clause VI - Licensing Terms

  1. The Parties agree to the following terms and conditions of the Application License:
  2. Type of use: solely for the User's own internal use for the purpose as set out in Article II.2 of these T&C. The source code of the Application shall not be made available to the User under the Licence granted. The User is not entitled to change, modify, process, merge with another work, make copies of the Application, distribute or link the Application to multiple devices or other services, or make the Application available over the network, publicly distribute the original Application or a copy of the Application by transfer of ownership, loan or lease, publicly display the Application or a copy of the Application, publicly display the original Application or a copy of the Application, remove, alter, conceal or obscure proprietary rights notices (including copyright and trademark notices) of the Company or its affiliates, partners, suppliers or licensors for the Application, or use the Application in any other manner that is inconsistent with the terms of use of the Application set forth in these TOU.
  3. Scope of the Licence: unlimited in territory (global) and limited in subject matter, to the extent consistent with the purpose of the provision of the Services by the Company through the Application in accordance with these T&Cs.
  4. Non-exclusivity of the Licence: non-exclusive pursuant to the provisions of Section 70(4) of the Copyright Act.
  5. Duration of the Licence: limited in time to the time of access to the Account.
    Transition and termination of the Licence: the death of the User does not transfer the rights and obligations under these OPs to his successor in title. 
  6. Licence consideration: the Company's remuneration for the provision of the
  7. Licence is included in the Subscription Fee.
  8. Disposal of the Licence: The User is not entitled to grant a third party permission to use the Application (sublicense) or assign the rights under the License to an assignee without the Company's prior written consent. In the event that the User requests the Company to grant consent for use or assignment pursuant to the preceding sentence, the Company's failure to grant consent/respond to the User's request shall not give rise to a fiction of consent. The consent granted by the Company is revocable at any time and for any reason.

1. The granting of a License to the Application pursuant to this article of the T&C does not confer on the User any proprietary, intellectual property or industrial property right in the Application, except for the rights and entitlements expressly granted by these T&C.
2. All elements published in the Application, in particular graphics, text, and user interface and other works (collectively referred to as Content) are subject to the copyrights of the Company or other entities that have granted the Company the right to use them. Any copying, distribution, disclosure, reproduction or transmission of the Content without the prior written consent of the Company is prohibited.

Clause VII - Rights and Obligations of the Parties

  1. The Parties agree that certain parts of the subject matter of the Contract under Article II of these POs are or will be provided by the Company through third parties.
  2. The User is responsible for the content that he/she uploads, creates, modifies or shares while using the Application.
  3. Provided that the content that the User makes available on the Company's Application for the purpose of using the Services is a work of authorship within the meaning of the Copyright Act, the User grants the Company a royalty-free, non-exclusive license to use the content or any part thereof, in connection with which the User exercises the author's proprietary rights under his/her name and on his/her own account, for any and all purposes known at the time of the creation of the content, which includes, but is not limited to, the proprietary rights under the provisions of Section 19, Par. 4 of the Copyright Act, in order to fulfil the purpose of the OP, the Agreement and the purpose of using the Services, without territorial and material limitation, without time limitation, i.e. for the duration of the author's proprietary rights. Upon the dissolution of the Company, the rights and obligations under this license shall pass to its successor in title. The User gives the Company his consent to grant to a third party, at any time, without the need for further specific consent of the User, the permission to use the content within the scope of the license granted or to assign the rights under the license to an assignee.
  4. The User declares and undertakes that he/she is fully and without limitation entitled to exercise the proprietary rights to the Content or any part thereof and has settled all claims that persons may have by virtue of authorship of the Content, without infringing the copyright or industrial or other intellectual property rights of others in the Content or any part thereof. 
  5. The User undertakes to ensure the proper and undisturbed use of the Content by the Company, including, where applicable, securing additional consents or licenses from the authors in accordance with the Copyright Act.
  6. The User undertakes to indemnify the Company against any and all costs, damages and pecuniary or non-pecuniary loss incurred by the Company as a result of the User's breach of its obligations under this Article of the TOS.
  7. The User undertakes to provide the Company with all and any assistance in connection with the Company's obligation to provide assistance to courts, state and public authorities or other entities, or in connection with the Company's defence in any proceedings brought against the Company, arising as a result of a breach of the User's obligations under these OPs, the Contract or applicable generally binding legislation.
  8.  The User declares that the scope of the license granted by the User to the Company is consistent with the rights granted to the User by third parties, which the User shall prove upon the Company's request.
  9. The Company shall be entitled to use the User's trade name if it is a legal entity or a natural person - entrepreneur for marketing and reference purposes. 
  10. For the purpose of proper and timely performance of the obligations under the OP, the User shall promptly provide the Company with all necessary Assistance requested and notified to the User by the Company; otherwise, the Company shall not be liable for any delay in performance of the subject matter of the Contract, as well as for any damages that may arise in connection with any delay of the Company affected by the User's failure to provide the Assistance in a timely manner.
  11. The Company shall, taking into account the latest knowledge, ensure that all Information stored via the Application on the Server is sufficiently protected against loss, destruction, disruption or any misuse, unauthorised disclosure, disclosure, disclosure or other unauthorised or unlawful operation.
  12. The Company does not provide backup copies of the Information and does not provide the User with archival copies of the Information. Upon termination of the Subscription Period, provided there has been no Renewal or Program Change, the Calculations created shall not be stored in the Account. 

Clause VIII - Availability of the App

 The Application is provided "as is" and "as available" and to the extent permitted by law without warranties of any kind, either express or implied, including, without limitation, implied warranties, conditions or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising in the course of dealing. In addition, although the Company endeavors to provide a good user experience, it does not represent or warrant: (a) that the Application will always be secure, error-free or timely; (b) that the Application will always operate without delays, interruptions or imperfections; (c) that any data User obtains through the Application will be current or accurate; or (d) the compliance of the details of the documents generated by the Application with generally binding legislation and the correctness and completeness of other outputs of the Application transmitted to state and local government authorities, business partners and other entities (it is up to the User to ensure their completeness, correctness and error-freeness). 

  1. To the extent provided by the Application, the Application may allow you to link to or access other websites, applications, integrations, or resources operated by third parties and, therefore, to use services, features, or tools provided by a third party ("Third Party Services"), such Third Party Services, although available through the Application, are not under the control of the Company and the User acknowledges that the Company is not responsible or liable for the content, functionality, accuracy, legality, suitability or any other aspect of such Third Party Services. Further, User acknowledges and agrees that Company shall not be responsible or liable, directly or indirectly, for any defect, damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Service. Third Party Services may be subject to fees charged by third parties, with details of the fees for Third Party Services disclosed separately by such third party. 
  2. The Company does not guarantee the level of Availability of the Application.
  3. The User acknowledges that the Availability of the Application may be limited and/or excluded due to the need for periodic updates, upgrades or improvements to the functionality of the Application or due to other random events that occur without the fault and/or will of the Company. The Company shall not be liable for any non-functionality of the Application.
  4. The Company shall not notify the User in advance of any downtime or loss of functionality of the Application.
  5. The Company undertakes to perform Support Services for the User according to the User's needs and requirements by means of service interventions based on the User's notifications. 
  6. The User acknowledges that at the time the Support Services are provided by the Company, it is possible that the Application may be temporarily unusable. In such event, the User shall not be entitled to any discount on the Subscription Fee.
  7. The Company continuously ensures the functionality of the Application. In the event of an Incident, the User has the option to report the Incident and request the Company's Support Services via User Support or via email, which are available to the User free of charge on the Website. Support Services are always available on an individual basis within the Company's time constraints. All communication between the Company and the User after a request for Support Services has been reported will be via User Support or via email. 
  8. The purpose of the Support Services is not to provide training on the use of the Application, or to change, improve or modify the Application.
  9. Access to the Application via the Internet is provided by the User. The Company is not responsible for the decisions and actions of the User related to the provision of Internet access to the Application or the overall security of the device through which the User accesses his Account. 
  10. The Company shall be entitled, at its sole discretion, to improve, modify, upgrade or add new functionality to the Application.

Clause IX - Liability of the Company

  1. The Company is in no way responsible for the content, correctness or completeness of the Information stored, collected or generated by the User through the Application; in particular, the Company is not responsible for the compliance of the Information with the relevant legislation, nor for the use of the Information by the User.

  2. The Company shall not be liable for any damage or incompleteness of the Information caused by a malfunction during delivery via the Internet, for damage caused by a poor quality Internet connection or for damage caused by any inability of the User to connect to the Internet.

  3. Under no circumstances shall the Company be liable for incidental, consequential, or indirect damages of any nature whatsoever resulting from corruption or loss of data entered or stored in the Application.

  4. However, the Company will use all reasonable efforts to ensure that third party services with malicious code or unsolicited content are not active on the Application. However, the Company shall not be liable for any defects or damages caused by malicious code or unsolicited content occurring on the App.

  5. Further, the Company assumes no responsibility for any losses incurred in connection with the unavailability of the Application at any time or location or any other losses not caused by the Company.

  6. The User shall not be entitled to any compensation in connection with the cancellation of his Account or the prevention of its use prior to the expiry of the Subscription Period within the meaning of these T&C for reasons on the User's side. The Subscription Fee paid for the Subscription Period when the User cannot actively use the Services within the meaning of this clause shall constitute a contractual penalty for the User's breach of the Agreement and shall not be refunded to the User. 
  7. User is responsible for all of User's activities within the Application. The User acknowledges and agrees that any violation of these TOS or applicable generally applicable law may result in (among other things) the blocking or termination of the Account. 
  8. The User shall indemnify the Company without undue delay after being served with a notice for all costs and damages incurred by the Company in connection with any breach of its obligations and liabilities under these TOS. 

Clause X - Liability of the Company in relation to the User - Consumer

1. The Company undertakes to deliver the Services in the required quality, quantity and without defects. 

The Company shall be liable for any defects in the Service when used by the Consumer. 

1. The general warranty period is 24 months. The warranty period starts from the moment the Service is used and the Subscription Fee is paid. 
2. The rights of liability for defects in the Service for which the warranty period applies shall be extinguished if the Consumer does not exercise them within the warranty period.

Conditions for claiming liability for defects (claims)

  1. The Consumer is obliged to check the Service upon its receipt, in particular its functionality, the compliance of the scope of functionalities of the respective Program with the information provided on the Website and whether the access to them corresponds to the selected Program. In the event of detection of obvious defects, the Consumer is obliged to file a claim with the Company without undue delay in the manner set out in point 8 below. A claim made later due to apparent defects in the Service, including a defect consisting in the incompleteness of the Service, will not be taken into account. 
  2. The Consumer is obliged to exercise the right of liability for other defects (latent defects) in the manner set out in clauses 7 to 10 below without undue delay after discovering the defect in the Service, but at the latest by the expiry of the warranty period. 
  3. The Consumer shall not be entitled to claim the warranty for the Service if he/she was aware of the defect prior to the provision of the Service or was notified of it or was granted a reasonable discount on the Subscription Fee for that reason. 

Exercise of liability rights (claims)

  1. The Consumer may lodge a complaint with the Company through the User Support or by e-mail, which are available to the User free of charge on the Website.
  2. In the submission by which the Consumer makes a claim, the Consumer shall mark the message as "Claim", indicate the description of the defect in the Service, the address and e-mail to which the Company will notify him/her of the manner of handling the claim, and also indicate which of the liability claims specified in Clause 14 of this Article he/she is claiming. 
  3. In case the submission by which the Consumer claims is incomplete (in particular, illegible, unclear, incomprehensible, does not contain the required documents, etc.), the Company shall invite the Consumer to complete the claim by e-mail sent to the Consumer's e-mail address. In this case, the complaint procedure shall begin on the date of receipt of the completed submission by the Consumer. If the Consumer does not complete the complaint submitted in accordance with this Article without undue delay, at the latest within 10 days from the date of receipt of the notice pursuant to the preceding sentence, it shall be deemed to be unfounded. 
  4. The Company shall promptly notify the Consumer of the receipt of the complaint by sending a Confirmation of Receipt of the complaint by e-mail to the Consumer's address, but no later than together with the proof of the complaint. 

Complaint handling

  1. Based on the Consumer's decision, which of the rights specified in point 14 of this article he claims, the Company is obliged to determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of filing the complaint, in justified cases, in particular if a complex technical evaluation of the condition of the provided Service is required, no later than 30 days from the date of filing the complaint. 
  2. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint shall not take longer than 30 days from the date of the complaint. After the expiry of the period for processing the claim, the Consumer has the right to withdraw from the Contract or has the right to exchange the Service for a new service, if possible. 
  3. The Company is obliged to issue the Consumer with a written proof of the complaint settlement within 30 days from the date of the complaint and inform the Consumer about the complaint settlement via e-mail sent to the Consumer's address. 
  4. The Company shall be obliged to settle the complaint by providing the Service without defects, replacing the Service (if it is possible due to the subject of the Service provision), refunding the Subscription Fee to the Consumer, paying a reasonable discount on the Subscription Fee, written invitation to take over the Service or a reasoned refusal. 
  5. If there is a defect in the Service that can be remedied, the Consumer has the right to have it remedied free of charge, in a timely and proper manner. If the claim is accepted, the Company shall remedy the defects in the Service and 

             1. refund to the Consumer the Subscription Fee paid, or a proportionate part               thereof corresponding to the duration of the defective condition of the Service; or 
             2. extend the Consumer's Subscription Term, or a reasonable portion thereof,                  for  a period of time equal to the duration of the defective condition of the Service.

      6. If there is a defect in the Service which cannot be remedied and which prevents the Consumer from properly using the Service as a non-defective service, and if the claim is accepted, the Consumer has the right to withdraw from the Contract and the Company will refund to the Consumer the Subscription Fee paid or a reasonable part thereof corresponding to the duration of the defective condition of the Service. 

Filing complaints and suggestions

  1. The Consumer is entitled to submit suggestions and complaints in writing via e-mail, which are available to the User free of charge on the Website. 
  2. The Company shall inform the Consumer of the consideration of the complaint or complaint by e-mail sent to the Consumer's address.
  3. The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the ŇĹilina Region, located at Predmestsk√° 71, P.O. BOX B - 89, 011 79 ŇĹilina 1, tel. no. 041/763 21 30, 041/724 58 68.

Alternative dispute resolution

  1. The Consumer has the right to contact the Company with a request for redress, via the e-mail available to the User free of charge on the Website, if he/she is not satisfied with the manner in which the Company has handled his/her complaint or if he/she believes that the Company has violated his/her rights. If the Company responds to this request in a negative manner or fails to respond within 30 days of sending it, the Consumer has the right to submit a proposal for the initiation of alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as the "Entity") pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended (hereinafter referred to as the "Act on Alternative Dispute Resolution").
  2. The entities are bodies and authorised legal persons pursuant to Section 3 of the Act on Alternative Dispute Resolution and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1. 
  3. The Consumer may submit a proposal in the manner specified pursuant to Section 12 of the Act on Alternative Dispute Resolution. 
  4. The Consumer may also file a complaint through the alternative dispute resolution platform RSO, which is available at:

https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.    

1. Alternative Dispute Resolution applies only to a dispute between the Consumer as a consumer and the Company as a provider arising out of or related to the Contract.

Withdrawal from the Contract

  1. In accordance with § 7 paragraph 1, the Consumer is entitled to withdraw from the Contract, without giving any reason, within 14 days from the date of conclusion of the Contract. 
  2. The Parties acknowledge that the Company has informed the Consumer in advance that if the Consumer agrees to the Company commencing the provision of the Services before the expiry of the 14-day withdrawal period pursuant to Section 7 of the Consumer Protection Act, the Consumer shall lose the right to withdraw from the Contract upon full provision of the Services and shall be obliged to pay the Company a subscription fee for the Services provided. The Services provided shall be deemed to be the Services made available to the Consumer by the Company, the duration of which expires within the first 14 days of the Contract. The Consumer hereby agrees to commence the provision of the Service before the expiry of the withdrawal period and that upon full provision of the Service the Consumer shall lose the right to withdraw from the Contract pursuant to Section 7 of the Consumer Protection Act. 
  3. The Consumer may exercise his right of withdrawal pursuant to the preceding clause by means of the withdrawal form available on the Website or by other written notice of withdrawal sent by the Consumer to the Company's registered office address.
  4. The period for withdrawal from the Contract under Clause 25 of this Article of the General Terms and Conditions shall be preserved if the notice of withdrawal from the Contract is sent to the Company no later than on the last day of the period specified in Clause 25 of this Article of the General Terms and Conditions. 
  5. If the Consumer withdraws from the Contract, all related ancillary contracts are cancelled from the outset. The Consumer will not be required to pay any further costs or fees in connection with the cancellation of the Ancillary Contract, except pursuant to Sections 9(3) and 10(3) of the Consumer Protection Act and the Subscription Fee. This also applies where the Contract was for the provision of a Service and that Service has been fully provided to the Consumer within the first 14 days of the Contract. 
  6. If the Consumer withdraws from the Contract prior to the commencement of the provision of the Services and has expressly agreed to do so pursuant to Section 7 of the Consumer Protection Act, and the Service has not been provided in full within the first 14 days of the Contract, the Consumer shall only be liable to pay the Company for the actual performance provided up to the date on which the Consumer has delivered the notice of withdrawal from the Contract. The amount for actual performance shall be calculated pro rata according to the total Subscription Price.

Common provision for this Article

1. For the avoidance of doubt, the Parties acknowledge that this Article applies only to a User who is a Consumer. 


Clause XI - Duration and Termination of the Contract

  1. The contract concluded pursuant to these T&C is concluded for an indefinite period of time. 
  2. The contract shall terminate: 
  3. by written termination of the Contract by the Contracting Parties without giving any reason pursuant to Clause 3 of this Article of the T&C,
  4. by written cancellation by the Company if the User uses the Application in violation of and/or in excess of the Licence granted, 
  5. by written agreement of the Parties on the date specified in such agreement.  

    1. The notice of termination must be in writing and delivered to the other Party. Termination shall take effect upon the expiration of the Subscription Term. 
    2. Notice of cancellation shall be in writing and shall be effective on the date of delivery to the other Party. 
    3. Withdrawal from the Contract shall take effect on the date of delivery of the notice of withdrawal to the other Party, the Parties agree to exclude the application of the provisions of Article 351(2) of the Commercial Code. For the avoidance of doubt, the Parties acknowledge that this clause of the T&C applies only to the User who is not a Consumer.
    4. Upon expiry of the Subscription Period, the Contract shall not terminate.
    5. Upon termination of these TOU, the Company shall not make a backup copy of the Information (backup) for the User. 

Clause XII - Unauthorised Uses of the App

  1. The User is responsible for the use of the App, including interactions with the App by persons to whom the User has consented to its use. The User is obliged to prevent the User or persons to whom the User has given consent to use the Application from committing unauthorised use of the Application, in particular to the extent provided in this article of the TOS.
  2. The following activities are considered "unauthorised use of the Application":
  3. Direct calls to commit violence against protected individuals or groups;
  4. content that dehumanises, demeans or denigrates individuals or groups on the basis of a protected characteristic;
  5. using the Services to attack other individuals or groups;
  6. Content that includes someone else's personal information posted without their consent, such as their full name, face in a photo or video, or other information that has been reported as having been posted without consent;
  7. Content that uses profanity or obscenity to insult other users or to highlight criticism;
  8. personally identifiable information and other personal information about you or anyone else, including financial information, medical information, identification documents or any other personal information;
  9. Pornography or depictions of sexual acts, genitalia or fetishes intended for sexual gratification;
  10. content involving exposed genitalia;
  11. content glorifying or promoting sodomy;
  12. content glorifying or promoting sexually explicit content or conduct;
  13. non-explicit pornography or any content intended for sexual gratification;
  14. any content that sexualises inanimate objects;
  15. sexually explicit poses where the subject is nude, blurred or only minimally clothed;
  16. non-commercial content related to sex toys;
  17. violent or gory content involving humans or animals that is intended to shock or awe or that has no justification;
  18. graphic violence that substantially involves blood, serious injury or death to animals or humans;
  19. content that depicts animal cruelty;
  20. links to a landing page where limited goods or services can be purchased;
  21. email address or contact phone numbers to purchase limited merchandise;
  22. content that promotes or encourages serious harm to health, safety, property, animals or the environment;
  23. content that facilitates the misuse of things that are inherently dangerous;
  24. content with instructions for the manufacture or preparation of dangerous goods;
  25. images or any other content that infringes another person's legal rights, including copyright;
  26. all images of sexual abuse and all content depicting children in a sexual manner;
  27. content relating to dangerous or illegal acts such as rape, organ selling or human trafficking;
  28. illegal products and services: products from endangered species, illegal drugs, prescription drugs placed on the illegal market;
  29. images depicting or promoting graphic or gratuitous violence;
  30. content created by or on behalf of terrorist groups;
  31. content that incites violence, promotes terrorist acts or glorifies terrorist attacks.

1. Users may not post content that includes general, political or social commentary or personal rants.
2. User shall not post content that is intended to destroy or damage the digital presence of an entity or object. This includes editing information about a particular site to make it inappropriate or of poor quality in order to make a joke or express a social or political opinion.
3. The Company may, without prior notice, (i) remove Content that the Company suspects constitutes unauthorized use of the Application, or (ii) block, restrict or cancel use of the Services or Account if we suspect that the User or persons to whom the User has consented to use the Application are making unauthorized use of the Application, or (iii) remove Content that we suspect constitutes unauthorized use.

Clause XIII - Delivery

  1. The Parties expressly agree to authorize the delivery of documents under these T&Cs by electronic means - e-mail, without the need for simultaneous transmission of documents by mail, unless otherwise specified in these T&Cs. An e-mail shall be deemed to have been delivered on the next business day after it is sent, unless it is evident from the communication of the Parties that it has been demonstrably received and acknowledged by the Party to whom it is addressed on the date of its sending by the Party to whom it is addressed. 
  2. The Parties undertake to deliver forms or other written notices of early termination of the Contract exclusively by post in the form of registered letter. The Contracting Party - sender shall deliver the documents by post to the other Contracting Party - addressee at its address or at the address notified in writing (in the manner provided for in this Article of the Contract) by the Contracting Party as the correspondence address. The document shall be deemed to have been delivered on the date indicated as the date of delivery on the delivery receipt or on the date on which the addressee refused to accept the document or on the date on which the document was returned by the post office to the sender as undeliverable, irrespective of the reason for which it could not be delivered. 

Clause XIV - Processing of personal data

  1. In connection with the formation and performance of the Contract, as well as other related activities within the meaning of these Terms and Conditions, the User's personal data is processed. The User's personal data is processed 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 (General Data Protection Regulation) and Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, as amended. All information on the processing of personal data is available on the Website.

Clause XV - Special Provisions

  1. The User is not entitled to assign or transfer, by contract, unilateral act or otherwise, any or all of its rights, benefits, claims or obligations under these TOU, including its rights or obligations under these TOU, without the prior written consent of the Company. 

Clause XVI - Final Provisions

  1. These T&C come into force and effect on the date of their confirmation in the Registration Form and are published on the Website. 
  2. Legal relations not governed by these T&Cs, which arose from the conclusion of the Contract, shall be governed by and interpreted in accordance with the law of the Slovak Republic to the exclusion of conflict of laws rules. The rights and obligations of the Parties not governed by these T&C shall be governed by the relevant provisions of the legislation in force and in force in the territory of the Slovak Republic. All disputes arising under or in connection with these T&C shall be adjudicated by the general courts of the Slovak Republic. 
  3. These T&C may be deviated from only by written agreement of the Parties.
  4. The Company reserves the right to amend these T&C at any time during their validity, while it is obliged to publish and apply the current valid version of the T&C at all times. The amendment shall be effective upon publication of the T&C on the Website. Upon the entry into force and effect of the new OPs, the original OPs shall cease to be valid and effective.
  5. If the User does not agree with the change of the OPs, he/she is obliged to notify the Company of this fact in writing no later than 15 days after the new OPs come into force. If the User fails to deliver to the Company his/her disagreement with the change of the OPs within the time limit according to this clause of the OPs, it shall be deemed that he/she agrees with the change and the mutual relations of the Company and the User shall be governed by the new changed OPs as of the date of effectiveness of the change of the OPs. 
  6. The user is obliged to regularly familiarize himself with changes to the OP. 
  7. If any provision of the T&C is or becomes invalid, this does not affect the other provisions. Such provision shall be replaced by a provision of the applicable law corresponding to the purpose of the T&C which replaces the invalid provision.
  8. The GCs are drawn up in the Slovak language. In the event that the PO is also drawn up in a language other than Slovak, the Slovak language version shall be used as the applicable language version and only this version shall be legally binding on the Parties. The text drawn up in any other language is not legally binding for the Parties and has only the character of an informative translation of the content of the OP drawn up in the Slovak language.

Chyba

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