Although all the clauses contained in this agreement are standard clauses about software products, it is advised that you read them entirely.
AGREEMENT TO TERMS
In these ToU, the following capitalised terms shall have the following meanings, except where the context otherwise requires:
« Account » means an account created by a User via Daylee as part of Registration.
« Register » means to create an Account via Daylee and « Registration » means the act of creating such an Account.
« Services » means all the services provided by Bring the App s.r.o. via Daylee to Users, and « Service » means any one of them,
« Users » means users of Daylee, including you and « User » means any one of them.
LICENSE TO USE CONTENT
By submitting any text, images (including photographs) or videos (“Content”) via Daylee, you represent that you are the owner of the Content, or have proper authorization from the owner of the Content to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Content to promote any products or services.
You may be required to register with Daylee. 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.
You may not access or use Daylee for any purpose other than that for which we make Daylee available. Daylee may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of Daylee, you agree not to:
- systematically retrieve data or other content from Daylee to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- circumvent, disable, or otherwise interfere with security-related features of Daylee, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Daylee and/or the Content contained therein.
- make improper use of our support services or submit false reports of abuse or misconduct.
- 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.
- interfere with, disrupt, or create an undue burden on Daylee or the networks or services connected to Daylee.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from Daylee in order to harass, abuse, or harm another person.
- use Daylee as part of any effort to compete with us or otherwise use Daylee and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Daylee.
- attempt to bypass any measures of Daylee designed to prevent or restrict access to Daylee, or any portion of Daylee.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Daylee to you.
- delete the copyright or other proprietary rights notice from any Content.
- 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 Daylee or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Daylee.
- 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”).
- disparage, tarnish, or otherwise harm, in our opinion, us and/or Daylee.
- use Daylee in a manner inconsistent with any applicable laws or regulations.
- create any Content which is not civil or tasteful
- send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- cause annoyance, inconvenience or needless anxiety;
- use Daylee in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
GUIDELINES FOR REVIEWS
We may provide you areas in Daylee to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have firsthand experience with the person/entity being reviewed;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements; and
- 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 reviews.
MOBILE APPLICATION LICENSE
The following terms apply when you use Daylee obtained from either the Apple App Store or Google Play store (each an “App Distributor”):
- The license granted to you for Daylee is limited to a non-transferable license to use Daylee on a device that utilizes the Apple iOS or Google Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
- We are responsible for providing any maintenance and support services with respect to Daylee as specified in the terms and conditions of Daylee license contained in these ToU 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 Daylee;
- In the event of any failure of Daylee 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 Daylee, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to Daylee;
- You represent and warrant that
(i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. government list of prohibited or restricted parties;
- You must comply with applicable third-party terms of agreement when using Daylee, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using Daylee; and
- You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in Daylee license contained in these ToU, 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 Daylee license contained in these ToU against you as a third-party beneficiary thereof.
As part of the functionality of Daylee, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
- Providing your Third-Party Account login information through Daylee; or
- 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
- 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 Site via your account, including without limitation any friend lists and
- 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 in Daylee. 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 Daylee. You will have the ability to disable the connection between your account in Daylee 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 Daylee. You can deactivate the connection between Daylee 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.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Daylee (« Submissions ») provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
Daylee may contain (or you may be sent via Daylee) 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 Daylee or any Third-Party Content posted on, available through, or installed from Daylee, 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 Daylee 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 ToU 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 Daylee or relating to any applications you use or install from Daylee. 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 harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless 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.
We allow advertisers to display their advertisements and other information in certain areas of Daylee, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place in Daylee and any services provided in Daylee or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements in Daylee, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to:
- Monitor Daylee for violations of these ToU;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these ToU, including without limitation, reporting such user to law enforcement authorities;
- 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;
- In our sole discretion and without limitation, notice, or liability, to remove from Daylee or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- Otherwise manage Daylee in a manner designed to protect our rights and property and to facilitate the proper functioning of Daylee.
SUSPENSION AND TERMINATION
If you use (or anyone other than you, with your permission uses) Daylee, any Services in contravention of these ToU, we may suspend your use of the Services and/or Daylee.
If we suspend the Services or Daylee, we may refuse to restore the Services or Daylee for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these ToU.
Bring the App s.r.o. shall fully co-operate with any law enforcement authorities or court order requesting or directing Bring the App s.r.o. to disclose the identity or locate anyone in breach of these ToU.
Without limitation to anything else in this Clause, we shall be entitled immediately or at any time (in whole or in part) to:
- Suspend the Services and/or App;
- Suspend your use of the Services and/or App; and/or
- Suspend the use of the Services and/or App for persons we believe to be connected (in whatever manner) to you, if:
- (iii) We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
DISCLAIMER AND EXCLUSION OF LIABILITY
- Daylee, the Services, the information in Daylee and use of all related facilities are provided on an « as is, as available » basis without any warranties whether express or implied.
- To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to Daylee and its contents, including in relation to any inaccuracies or omissions in Daylee, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
- We do not warrant that Daylee will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that Daylee will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
- While we may use reasonable efforts to include accurate and up-to-date information in Daylee, we make no warranties or representations as to its accuracy, timeliness or completeness.
- We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with Daylee and the services offered in Daylee, your access to, use of or inability to use Daylee or the services offered in Daylee, reliance on or downloading from Daylee and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
- We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with Daylee and these ToU. For the purposes of these ToU, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
- The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
- Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to Daylee, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of
- your use of the Services,
- any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by Bring the App, and/or
INTELLECTUAL PROPERTY RIGHTS
- All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks in Daylee are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
- Nothing contained in Daylee should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed in Daylee without our written permission. Misuse of any trademarks or any other content displayed in Daylee is prohibited.
- We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.
- We may periodically make changes to the contents of Daylee, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content in Daylee.
- We reserve the right to amend these ToU from time to time without notice. The revised ToU will be posted in Daylee and shall take effect from the date of such posting. You are advised to review these ToU periodically as they are binding upon you.
Users may access Daylee in the following ways:
- Free Version. A program gives limited access for an unlimited time.
- Paid Subscription « PREMIUM »: a subscription fee-based program, which gives access to all content. You will only have access to the Subscription Program while your subscription is active and subsisting. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products within Daylee, where allowed by the App Distributor. Please note that if you purchase a subscription through the Apple App Store or our iOS application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store or our Android application, the sale is final, and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.
Daylee offers monthly and annual subscription options. For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days.
- Our « Monthly » subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
- Our « Yearly » subscription is paid for by an upfront one-off payment with automatic annual renewals. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
APPLICABLE LAW AND JURISDICTION
- Daylee can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing Daylee both you and we agree that the laws of the Czech Republic, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of Daylee.
- You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Czech Republic in respect of any dispute arising out of and/or in connection with these ToU.
There may be information in Daylee that contains typographical errors, inaccuracies, or omissions that may relate to Daylee, 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 in Daylee at any time, without prior notice.
We will maintain certain data that you transmit to Daylee for the purpose of managing Daylee, as well as data relating to your use of Daylee. 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 Daylee. 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.