1. INTRODUCTORY PROVISIONS
(a) Cork Solutions s.r.o. is a company with its registered office at Pernerova 676/51, 186 00 Prague, identification number 060 19 137, registered in the commercial register maintained by the Municipal Court in Prague under file number C 274690 (the Provider) which operates the internet application Tabidoo available at app.tabidoo.cloud which serves as a tool for efficient data organisation (Tabidoo).
(b) A visitor is any visitor to the website that enables access to Tabidoo (the Website) and anyone who uses Tabidoo for free (as defined in Article 2(a) below) (the Visitor).
(c) A client is the Visitor who, through Tabidoo, enters into a Paid Services Agreement with the Provider (as defined in Article 4(d) below) (the Client) (the Visitor and the Client together as the User).
(d) These General Terms and Conditions (GTC) apply to Users who visit, use the Website or its functions and the Tabidoo application.
2. PROVISION OF SERVICES TO USERS
(a) The Provider through Tabidoo allows Users once they register, to utilize a free of charge a license for Tabidoo free (the Tabidoo Free).
(b) Within the license according to paragraph 2(a) above, the User has limited space to store and manage data uploaded by the User.
(c) The scope of services currently offered in Tabidoo Free is listed on the Website https://www.tabidoo.cloud/pricing.
(d) In addition to the option set out in Article 2(a) above, the User can purchase in the Tabidoo application one of the offered paid Tabidoo options which includes a paid Tabidoo license and allows the use of Tabidoo to the extent specified on the Website (Tabidoo Premium) (Tabidoo Free and Tabidoo Premium together as the Services).
(e) For the avoidance of any doubts, both the free of charge license according to paragraph 2(a) above and the paid license according to paragraph 2 (d) above are granted:
- (i) as non-exclusive;
- (ii) worldwide; and
- (iii) for the needs of the User, i.e. it cannot be transferred or provided (even if free of charge) to another person without prior written consent of the Provider.
3. WEBSITE AND USER ACCOUNT
(a) In order to use the Services, it is necessary for the User to create his User Account on the page app.tabidoo.cloud (User Account) which will facilitate his use of the Services. When creating the User Account (registration), the User is obliged to state his current e-mail address correctly and truthfully.
(b) The User Account will be secured by the entered e-mail and password or with login details via Facebook or Google. The User is obliged to maintain confidentiality regarding the credentials necessary to access his User Account and must not allow the use of the User Account by third parties.
(c) By creating the User Account the User undertakes to keep the data stated in his User Account current and accurate and in the event of such data changing, to notify the Provider of such changes without undue delay or to update the changed data. In the event of a breach of this obligation, the User shall be liable for any damages caused by this breach to the Provider or any other persons, while the Provider cannot be liable for any damages caused in connection with this breach.
(d) The User further acknowledges that the Provider is entitled to delete his User Account without compensation or to prevent his access to it, including access to the uploaded content if the User seriously violates these GTC or the relevant legal regulations. The cases referred to in Article 12(c) of these GTC are considered to be a serious violation of these GTC.
4. CONCLUSION OF THE AGREEMENT
(a) The Website contains information on the content of Tabidoo Free and the content and price of Tabidoo Premium options which the User can purchase from the Provider via the Tabidoo application. This provision does not limit the possibility of the Provider to provide Services under individually agreed conditions.
(b) All listed option of Tabidoo Premium described on the Website and in the Tabidoo application are for information purposes only and the Provider does not make an offer to the User to conclude an agreement by such a statement and is not obliged to conclude an agreement with the User regarding the relevant Tabidoo Premium option. The provisions of Sec. 1732 par. 2 of Act No. 89/2012 Coll., Civil Code, as amended (the Civil Code) do not apply.
(c) The Service Agreement for Tabidoo Free (Tabidoo Free Agreement) is concluded and takes effect by creating the User Account (registration) in accordance with Article 3(a) of these GTC. These GTC are part of the Tabidoo Free Agreement.
(d) The Service Agreement for Tabidoo Premium is concluded by sending an order in accordance with the following paragraph of these GTC (Tabidoo Premium Agreement) (the Tabidoo Free Agreement and the Tabidoo Premium Agreement together as the Agreement). The Tabidoo Premium Agreement takes effect upon the price being paid according to Article 5(b) of these GTC. These GTC are part of the Tabidoo Premium Agreement.
(e) In the case of purchasing Tabidoo Premium, the User fills in the order of the relevant variant of the Tabidoo Premium (the Order) in the Tabidoo application. Before sending the Order, the User has the opportunity to check and change the data he has entered in the Order even with regard to the possibility of detecting and correcting errors that occurred when entering data into the Order.
(f) By creating the User Account (via registration), the User agrees to the use of means of distance communication when concluding the Agreement.
5. PRICE FOR THE TABIDOO PAID AND PAYMENT TERMS
(a) After concluding the Tabidoo Premium Agreement, the Client is obliged to regularly pay the Provider the price for the Tabidoo Premium (the Price for Premium Services) once a month. The amount of the Price for Premium Services for the relevant version of Tabidoo Premium is stated in the price list listed on the Website and in the Tabidoo application. This does not affect the Provider's right at his discretion to provide the Tabidoo Premium individually and at lower prices.
(b) The Tabidoo Premium Agreement takes effect upon payment of the Price for the Premium Services to the Provider's account, where the moment of payment is considered to be the moment of crediting the amount to the Provider's bank account.
(c) The Price for Paid Services can be paid in the following ways:
- (i) by wire transfer to the Providers' bank account on the basis of an invoice which will be issued in advance for each month of the use of the Tabidoo Premium; or
- (ii) via the GoPay payment gateway to which the User will be redirected after the Tabidoo Premium Agreement is concluded. After the first payment and authorization payment will be deducted from the bank account specified by the Client until the end of validity of the Client’s provided credit or debit card every month in advance for the following month (in such case the Client must provide the details of the current credit / debit card in the User Account in order to keep the relevant Tabidoo Premium being provided).
(d) The User has at any time the possibility in his User Account to terminate the subscription to Tabidoo Premium according to the previous paragraph of these GTC. As a result of the termination of the subscription to the Premium Version of Tabidoo according to the previous sentence, the Price for Premium Services will no longer be regularly deducted from the bank account specified by the Client and the Client will be able to use Tabidoo Premium until the end of the period for which the Client paid the Price for Premium Services. In such a case, the Provider can at his own discretion provide the Client with the opportunity to continue using the current version of the Tabidoo Premium for a reasonable period of time.
(e) If the Client is an entrepreneur and the purchase of the Services is exempt from tax or other levies in connection with a certain position or status of the Client and the Client subsequently loses such position or status, or it turns out that he did not have them even at the time of concluding the Premium Services Agreement or for any other reason on the part of the Client, the Provider is assessed a tax or other levy by the competent authority, the Client is obliged to pay the Provider an amount equal to the tax or levy thus assessed.
6. PROVISION OF SERVICES
(a) The current description of the individual Services is detailed on the website https://www.tabidoo.cloud/pricing.
(b) The subscription to a Tabidoo Premium option begins on the date the Premium Services Agreement comes into effect.
(c) The Client acknowledges that the subscription period of Tabidoo Premium runs uninterrupted and that he cannot unilaterally interrupt or otherwise modify it. If he decides not to use Tabidoo Premium for any reason, the Price for Premium Services that was already paid will not be refunded.
7. OPERATION OF THE TABIDOO APPLICATION
7.1 Tabidoo availability
(a) The Provider guarantees the User uninterrupted availability of the Tabidoo application and access to the User's stored data but is not responsible for an interruption of the Services or loss of any data if it is caused by third parties (e.g. cyberattack, natural disasters, long-term power outages or outages of telecommunications connections).
(b) If the duration of the Tabidoo application interruption exceeds 30 seconds, the Provider undertakes to return the Price for Premium Services for the relevant month to all Clients who will be affected by such interruption. This paragraph cannot apply in the event of an interruption in the provision of the Tabidoo Paid Services due to third party intervention pursuant to Article 7.1(a) above.
7.2 Data migration
(a) Upon termination of the Agreement, the User will not be allowed to upload new data to Tabidoo but will be able to play his data to another storage at any time using the export to Excel function.
(b) The Provider is not liable for the loss or damage of the Client's data or damage resulting from the loss or damage of such data during their migration regardless of the reason and to what extent they will be lost or damaged.
8. WITHDRAWAL OF THE CLIENT FROM THE AGREEMENT ON PAID SERVICES AND TERMINATION OF THE PROVIDER
8.1 Withdrawal of the Client from the Tabidoo Premium Agreement
(a) The Client who is a natural person and does not act in concluding and fulfilling the Tabidoo Premium Agreement within the scope of his business or other entrepreneurial activity is a consumer (the Consumer).
(b) The Consumer can withdraw from the Tabidoo Premium Agreement without giving a reason within fourteen days from the date of concluding the Tabidoo Premium Agreement by sending a written withdrawal to the Provider's registered office or the Provider's email address (for this purpose the Consumer can use the sample form for withdrawal from the Agreement contained in the appendix to these GTC) or by filling in the electronic form for withdrawal on the Website. In order to comply with the 14 day period, it is sufficient if the withdrawal is at least sent before the expiry of this period. The Provider will confirm the receipt of a written notice of withdrawal from the Agreement on Paid Services to the Consumer immediately to the Consumer's email address. In such a case, the Provider will return the Price for Premium Services to the Consumer no later than 14 days from the date of receipt of the Consumer's withdrawal from the Agreement for Premium Services to the bank account from which the Price for Premium Services was paid or to another account communicated by the Consumer.
9. RESPONSIBILITY FOR UPLOADED CONTENT
9.1 Passivity and neutrality of the Provider in relation to the uploaded content
(a) The Provider does not control or modify the content uploaded by the User to the Tabidoo application and is not responsible for any defect in the content or appearance of the content uploaded by the User.
(b) Furthermore, the Provider is not responsible for the completeness, accuracy, truthfulness of the content published in the Services or for any illegal actions of the User through Tabidoo including violations of personal rights or intellectual property rights.
9.2 Notice of Content Illegality
(a) In order to prevent infringements or threats to the rights of third parties through the operation of Tabidoo, the Provider accepts all third-party notices which contain information that within Tabidoo's activities infringment of copyright or other intellectual property rights of third parties are taking place (the Notice).
(b) The Provider receives the notification pursuant to Article 9.2(a) above at the e-mail address [email protected]
(c) The Notice, receipt of which will be confirmed by the Provider by an e-mail message sent to the notifier's address and which will contain at least the following information, will be deemed delivered:
- (i) details of the person making the Notice, including their contact details, in particular their e-mail address and name;
- (ii) a description of Tabidoo's activities that infringes or threatens third party rights or breaches legislation;
- (iii) a description of how third-party rights or legislation are being infringed;
- (iv) personal details of the person whose rights are being infringed (if different from the notifier) and the documentation which confirms the right to protect the right being infringed.
(d) In the event of a suspicion that a document uploaded by the User infringes copyright in addition to the information specified in Article 9.2(c) above, it is also necessary to specify in the Notice:
- (i) to which copyrighted work these rights relate; and
- (ii) who is the legitimate enforcer of these rights;
(e) The Provider is not obliged to inform the User whose uploaded content the Notice relates to or to deliver ask his opinion about the Notice.
9.3 Removal or inaccessibility of defective content
(a) If the Provider learns that the content uploaded by the User infringes the rights of third parties, he will immediately make the defective content inaccessible or removed at his discretion so that the further Tabidoo activities do not infringe the rights of third parties.
(b) The Provider is not liable for any damage caused to the User in connection with the removal or inaccessibility of defective content pursuant to Article 9.3(a) above.
10. WARRANTY CLAIMS
(a) If the Client files a warranty claim concerning Tabidoo Premium he has the right to withdraw from the Agreement on Premium Services only if the reason for this claim are substantial defects of Tabidoo. Substantial defects within the meaning of Sec. 2002 par. 1 of the Civil Code mean in particular the non-functioning of the Tabidoo to such an extent that it does not fulfill its basic functions, where it had to be clear to the Provider while concluding the Agreement, that under these conditions, the Client would not have been interested in purchasing the Tabidoo Premium at all if he had expected such a breach.
(b) The Client who is not the Consumer has the rights arising from defective performance according to relevant legislation.
(c) For the avoidance of any doubts, no claim can be made against those parts of the Services and functionalities of the Tabidoo application which are provided within Tabidoo Free.
11. PROTECTION OF PERSONAL DATA
The User acknowledges that the Provider processes his personal data for the purpose of providing the Services and operation of the Website in accordance with the legislation concerning the processing and protection of personal data, in particular, but not exclusively Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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) (GDPR), Act No. 110/2019 Coll., on the processing of personal data, as amended and any judicial or administrative interpretation of legislation concerning the processing and protection of personal data, any guidelines, codes of conduct or approved mechanisms for issuing certificates issued by the Office for Personal Data Protection. Details regarding the processing of the User's personal data by the Provider are given at the address https://www.tabidoo.cloud/privacy-policy.
12. TERMINATION OF THE AGREEMENT AND CESSATION OF THE PROVISION OF SERVICES
(a) Unless expressly stated otherwise in the Agreement or in these GTC, neither party to the Agreement is entitled to terminate the Agreement unilaterally (for example by resignation or termination, etc.), unless such prohibition would be in conflict with imperative provisions of law.
(b) The User is entitled to terminate the Agreement in the event that the Provider changes, supplements or otherwise modifies these GTC. In such a case the termination of the Agreement is effective on the effective date of the amendment or supplement to the GTC.
(c) The Provider is entitled to suspend the provision of the Services and at the same time has the right to terminate the contractual relationship between the Provider and the User established on the basis of the Agreement if the User seriously violates these GTC. The followings are considered to be serious violations of these GTC:
- (i) an attempted forcible drop of the service, a DDoS attack and similar attacks intended to intentionally disrupt the operation of the Tabidoo application;
- (ii) a publication of content that infringes the rights of third parties, in particular intellectual property rights under Article 9 (Responsability for uploaded content); and/or
- (iii) a publication of content that the Provider finds obscene, unethical or otherwise violating public order or the Provider's good name and reputation; and/or
- (iv) knowingly damaging the good name of the Provider or the Tabidoo; and/or
- (v) the use of a free license pursuant to Article 2(a) of these GTC or paid license pursuant to Article 2(d) of these GTC to a different extent than the User is permitted pursuant to these GTC.
(d) Termination of the Agreement by the Provider will always be made in writing and will be sent to the User to the email address specified in the User Account. The termination is effective the day after it is sent by the Provider.
(e) If the Provider terminates the Agreement at the moment when the Client has already paid the Price for the Premium Services, the Provider will return to the Client without undue delay the amount corresponding to the unused Premium Services by transfer to the bank account from which the Premium Services were paid for or to another account communicated by the Client.
13. FINAL PROVISIONS
(a) The Agreement including these GTC is archived by the Provider in electronic form and at the written request of the User will be sent to his email address.
(b) The Agreement can be concluded in the Czech language or in the English language and in the event of a conflict between the individual language versions, the Czech version will prevail.
(c) The Provider is not bound by any codes of conduct in relation to the Client according to the provision of section 1826 (e) of the Civil Code.
(d) The Provider is entitled to amend these GTC informing the User of the changes in advance by publishing the changes on the Website stating the effective date of the marked changes. Upon the entry into force of the new GTC, the original GTC becomes invalid.
(e) In the event that any provision of these GTC is or becomes invalid or ineffective, the other provisions of these GTC and the Agreement remain valid and effective. The parties to the Agreement will replace the invalid or ineffective provision with a new, valid and effective provision, the content and meaning of which best corresponds to the content and meaning of the original provision.
(f) Both the User and the Provider hereby assume the risk of a change of circumstances in the sense of the Sec. 1765 par. 2 of the Civil Code.
(g) The Agreement including these GTC and all rights of the User and the Provider arising from the Agreement or in connection with it or with its termination are governed by the law of the Czech Republic.
(h) The court of the Czech Republic have substantive and territorial jurisdiction to resolve any dispute arising out of the Agreement, in connection with it, or related to its termination.
(i) In the case that a consumer dispute arises between the Provider and the User as a consumer from a concluded Agreement which cannot be resolved by mutual agreement, the User is entitled to submit a proposal for out-of-court settlement of such a dispute to a designated out-of-court arbitrator of consumer disputes, which is the Czech Trade Inspection (Česká obchodní inspekce) (web: www.adr.coi.cz). In this case, the user can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
(j) The Provider is entitled to amend the GTC informing the User of the changes in advance by publishing the changes on the Website, stating the effective date of the highlighted changes. Upon the entry into force of the new GTC, the original GTC becomes invalid. The change of the GTC does not apply to already concluded Agreements.
(k) Unless the Agreement provides otherwise, the User is not entitled to assign its claim to a third party without prior written consent of the Provider.
(l) Unless the Agreement provides otherwise, the User is not entitled to set off any of its claims against the Provider (due or not yet due) against any of the Provider’s claims (due or not yet due) without the prior written consent of the Provider.
(m) For the purpose of the provisions of the Article 13 (k) and (l) an exchange of e-mail messages is considered written communication.
(n) Unless expressly stated otherwise, each party to the Agreement bear all costs and expenses incurred in connection with the conclusion and performance of the Agreement.
These Terms and Conditions are valid and effective from 05/03/2021.