PRIVACY POLICY AND TERMS AND CONDITIONS
Last updated
May 14, 2026
APP PRIVACY POLICY
This Privacy Policy explains how TimeChief and the Timesheet: Work Hours Tracker app access, collect,
use, share, retain, and protect user data. The legal terms below remain part of this same document.
Location Data and Background Location
Timesheet: Work Hours Tracker collects precise location data to enable clock-in and clock-out location
records, work location timelines, and auto clock-in locations even when the app is closed or not in use.
This may include GPS coordinates, timestamps, saved work-site/geofence identifiers, arrival and departure
events, and related clock-in or clock-out records.
We use this location data only to provide app functionality selected or enabled in the app, including:
-
recording where a work entry starts, pauses, resumes, or ends;
-
showing a location timeline for an active work entry, including periodic background updates while a
work entry is running;
-
detecting when you arrive at or leave a saved auto clock-in location so the app can clock you in or
out automatically; and
-
displaying work sites, clock-in records, and time entries on maps and reports.
Background location is requested only for features that need it, such as auto clock-in locations and
work location timeline recording. If you do not grant background location permission, those background
features may not work, but you can continue using other parts of the app.
Location data may be synced to our cloud services so your work entries, reports, and team features work
across devices. If you use TimeChief as part of a team or employer workspace, relevant location records
may be visible to the workspace owner, administrators, supervisors, or other authorized team members
according to that workspace's settings. We may also process location data through service providers that
help operate the app, such as cloud hosting, database, authentication, analytics, crash reporting, and
map-display providers. We do not sell location data and we do not use location data for advertising.
Other Data We Collect and Use
Depending on the features you use, we may collect account information, profile information, team and
employer workspace information, time entries, schedules, work sites, reports, uploaded images or
attachments, device information, app diagnostics, analytics events, purchase and subscription status,
support messages, and settings. We use this data to provide and improve the Services, sync your data,
authenticate users, process purchases, provide customer support, maintain security, troubleshoot issues,
comply with legal obligations, and communicate important service updates.
Sharing, Security, Retention, and Deletion
We share personal data only as needed to provide the Services, with service providers acting on our
behalf, with team or employer workspace users where team features require it, with authorities when
legally required, or in connection with a merger, acquisition, or business transfer. We use reasonable
technical and organizational safeguards, including encrypted transport where supported, to protect
personal data.
We retain personal data for as long as needed to provide the Services, maintain records requested by you
or your workspace, comply with legal obligations, resolve disputes, and enforce our agreements. You may
request access, correction, export, or deletion of your personal data by contacting us at
jakub@timechief.com.
Some records may need to be retained where required by law, accounting rules, fraud prevention,
security, or legitimate business needs.
AGREEMENT TO OUR LEGAL TERMS
We are Jakub Takáč
, doing business as TimeChief
and Timesheet: Work Hours Tracker
(
"Company," "we," "us," "our")
, a company registered in
Czechia
at Nebovidy 13
, Nebovidy
, Středočeský kraj
280 02
.
Our VAT number is CZ9008265948.
We operate the
website
https://timechief.com
(the "Site"),
the mobile application Timesheet:
Work Hours Tracker (the "App"), as well as
any other related products and services that refer or link to these legal terms (the "Legal Terms"
) (collectively, the "Services").
You can contact us by
phone at (+420)604522829, email at
jakub@timechief.com
, or by mail to Nebovidy 13
, Nebovidy
, Středočeský kraj
280 02
,
Czechia
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
"you"), and Jakub Takáč, concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Services from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you
about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your responsibility to periodically review these
Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the
Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as
the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair competition laws) and treaties
in the United States and
around the world.
The Content and Marks are provided in or through the
Services "AS IS" for
your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES
" section below, we
grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have
properly gained access,
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request
to: jakub@timechief.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright
or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have when
you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute
to, or participate in blogs, message boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us
or through the Services, including but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any
Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including
use of your name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicense the licenses granted in this section. Our use and distribution may
occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking
your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
"PROHIBITED
ACTIVITIES
" and will not
post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful,
or misleading;
- to the extent permissible by applicable law, waive any and all moral rights
to any such Submission and/or Contribution;
- warrant that any such Submission and/or
Contributions are original to you or that you have the
necessary rights and licenses to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
- warrant and represent that your Submissions
and/or Contributions do not constitute
confidential information.
You are solely responsible for
your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property
rights, or (c) applicable law.
We may remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
By using the Services, you represent and warrant
that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply
with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or
unauthorized
purpose; and (7) your use of the Services will not violate any
applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the Services (or any
portion thereof).
You may be
required to register to use the Services. You agree to keep your password confidential
and will be responsible for all use of your account and password. We reserve the right
to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to promptly
update account and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be
added to the price of purchases as deemed required by us. We may change prices at any time. All payments
shall be in Any currency accepted by the payment processor..
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment provider for
any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to
our charging your payment method on a recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle will depend on the type of
subscription plan you choose when you subscribed to the Services.
Free Trial
We
offer a 7-day free trial to new users who register with the Services.
The account will be charged according to the user's chosen subscription at
the end of the free trial.
Cancellation
You can cancel your subscription at any time by logging into your
account.
Your cancellation will take effect at the end of the current
paid term. If you have any questions or are unsatisfied with our Services, please email us at
jakub@timechief.com.
Fee Changes
We may, from
time to time, make changes to the subscription fee and will communicate any price changes to you in
accordance with applicable law.
7. SOFTWARE
We
may include software for use in connection with our Services. If such software is accompanied by an end
user license agreement
("EULA"), the terms of
the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we
grant to you a non-exclusive, revocable, personal, and non-transferable
license to use such software solely in connection
with our services and in accordance with these Legal Terms. Any software and any related documentation
is provided "AS IS"
without warranty of any kind, either express or implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and
all risk arising out of use or performance of any software. You may not reproduce or redistribute any
software except in accordance with the EULA or these Legal Terms.
You may not access or use
the Services for any purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of
the Services, you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Services and/or
the Content contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass, abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized framing of or linking to
the Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
-
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms"
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the networks
or services connected to the
Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to
you.
-
Attempt
to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the
Services.
-
Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up
a part of the Services.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email,
or creating user accounts by automated means or under false pretenses
.
-
Use
the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
-
Use the Services to advertise or offer to sell goods and services.
-
Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be viewable by
other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
- The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
- You are the creator and owner of or have the necessary
licenses
, rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your Contributions
in any manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and to promote violence against
a specific person or class of people.
- Your Contributions do not violate any applicable law,
regulation, or rule.
- Your Contributions do not violate the privacy or
publicity rights of any third party.
- Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual preference, or
physical handicap.
- Your Contributions do not otherwise violate, or link
to material that violates, any provision of these Legal Terms, or any applicable law
or regulation.
Any use of
the Services in violation of the foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of your rights to use the
Services.
By posting your
Contributions to any part of the Services
or making Contributions accessible to the Services by
linking your account from the Services to any of your social networking
accounts
, you automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses
of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
This license
will apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal and commercial images
you provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not
assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You
are solely responsible for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Services; and (3) to pre-screen or delete any Contributions
at any time and for any reason, without notice. We have no obligation to monitor your
Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the
Services to leave reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3)
your reviews should not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any
false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject, or
remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates
or partners. We do not assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content
relating to review.
12. MOBILE APPLICATION LICENSE
Use License
If you access the Services via
the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and
use the App on wireless electronic devices owned or controlled by you, and to access and use the App on
such devices strictly in accordance with the terms and conditions of this mobile application license contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3)
violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted
by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices or users at the same time; (7)
use the App for creating a product, service, or software that is, directly or indirectly, competitive
with or in any way a substitute for the App; (8) use the App to send automated queries to any website or
to send any unsolicited commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when
you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to
access the Services: (1) the license granted to you for our App is limited to a
non-transferable license
to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application
license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of
any failure of the App to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase
price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent
and warrant that (i) you are not located in a country that is subject to a US government embargo, or
that has been designated by the US government as a "terrorist
supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply with applicable third-party
terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license
contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and conditions in this mobile application license contained in
these Legal Terms against you as a third-party beneficiary thereof.
13. SOCIAL MEDIA
As part of the
functionality of the Services, you may link your account with online accounts you have
with third-party service providers (each such account, a
"Third-Party Account") by either:
(1) providing your Third-Party Account login information through the Services; or (2)
allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions that govern your use
of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions that govern your use
of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party
Account (the "Social Network Content") so that it is available on and through
the Services via your account, including without limitation any friend lists and (2) we
may submit to and receive from your Third-Party Account additional information to
the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to
the privacy settings that you have set in such Third-Party Accounts, personally identifiable
information that you post to your Third-Party
Accounts may be available on and through your account on the Services. Please note that
if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be available on
and through the Services. You will have the ability to disable the connection between
your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or non-infringement, and
we are not responsible for any Social Network Content. You acknowledge and agree that we
may access your email address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the Services. You can
deactivate the connection between the Services and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through such
Third-Party Account, except the username and
profile picture that become associated with your account.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or
you may be sent via the Site or App
) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party Content"
). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any Third-Party
Content posted on, available through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting
the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the Services
or relating to any applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse
the products or services offered on Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
15. ADVERTISERS
We allow advertisers to display
their advertisements and other information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to place such advertisements, and
we have no other relationship with advertisers.
16. SERVICES MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion
and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
17. PRIVACY POLICY
We care about data privacy and
security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services,
which is incorporated into these Legal Terms. Please be advised the Services are hosted in
the United States
, Germany
and Ireland
. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in
the United States
, Germany
and Ireland
, then through your continued use of the Services, you are
transferring your data to
the United States
, Germany
and Ireland
, and you expressly consent to have your data transferred
to and processed in
the United States
, Germany
and Ireland
.
18. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately notify our Designated Copyright
Agent using the contact information provided below (a "Notification"
). A copy of your Notification will be sent to the person
who posted or stored the material addressed in the Notification. Please be advised that pursuant to
federal law you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to by the Services infringes
your copyright, you should consider first contacting an attorney.
All Notifications should meet
the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or
electronic signature of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works on the Services are covered by the Notification, a representative list of
such works on the Services; (3) identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material; (4) information reasonably
sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if
available, an email address at which the complaining party may be contacted; (5) a statement that the
complaining party has a good faith belief that use of the material in the manner complained of is not
authorized by the
copyright owner, its agent, or the law; and (6) a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own
copyrighted material has been removed from the Services as a result of a mistake or misidentification,
you may submit a written counter notification to our Designated Copyright Agent using the contact
information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA,
your Counter Notification must include substantially the following: (1) identification of the material
that has been removed or disabled and the location at which the material appeared before it was removed
or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which
your address is located, or if your address is outside the United States, for any judicial district in
which we are located; (3) a statement that you will accept service of process from the party that filed
the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement
under penalty of perjury that you have a good faith belief that the material in question was removed or
disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(6) your physical or electronic signature.
If you send us a valid, written
Counter Notification meeting the requirements described above, we will restore your removed or disabled
material, unless we first receive notice from the party filing the Notification informing us that such
party has filed a court action to restrain you from engaging in infringing activity related to the
material in question. Please note that if you materially misrepresent that the disabled or removed
content was removed by mistake or misidentification, you may be liable for damages, including costs and
attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Jakub Takáč
Attn: Copyright
Agent
Nebovidy 13
Czechia
19. TERM AND TERMINATION
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend
your account for any reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
20. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or
need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any corrections, updates,
or releases in connection therewith.
21. GOVERNING LAW
These Legal Terms are
governed by and interpreted following the laws of
Czechia
, and the use of the United Nations Convention of Contracts for the International Sales of
Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you
additionally possess the protection provided to you by obligatory provisions of the law in your
country to residence. Jakub Takáč and yourself both agree to
submit to the non-exclusive jurisdiction of the courts of Prague
, which means that you may make a claim to defend your consumer protection rights in regards
to these Legal Terms in
Czechia
, or in the EU country in which you reside.
22. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either you or
us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute
arising from the relationships between the Parties to these Legal Terms shall be determined by one
arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European
Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and
which are in force at the time the application for arbitration is filed, and of which adoption of this
clause constitutes acceptance. The seat of arbitration shall be
Prague,
Czechia
. The language of the proceedings shall be Czech. Applicable rules of substantive law shall be the law of
Czechia
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
23. CORRECTIONS
There may
be information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
24. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
25. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
26. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set
forth in these Legal Terms; (5) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
27. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
29. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
30. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to
the fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
31. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
Jakub Takáč
Nebovidy 13
Nebovidy
, Středočeský kraj
280 02
Czechia
Phone: (+420)604522829
13. SOCIAL MEDIA